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MATTER OF BALTER v. REGAN

97 A.D.2d 953 (1983)

In the Matter of Joseph Balter, as Assistant Public Defender of Monroe County, Petitioner, v. John M. Regan, as Judge of The City Court of Rochester, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983

Determination unanimously confirmed and petition dismissed, without costs.

Memorandum:

In this proceeding pursuant to CPLR article 78 we confirm the determination of Rochester City Court finding petitioner in contempt for willful disobedience to its lawful mandate (Judiciary Law, § 750, subd A, par 3). Because no substantial evidence question was presented, this matter was improperly transferred to this court (CPLR 7803, subd 4; 7804, subd [g]). However...

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