Attorney(s) appearing for the Case
John H. Babigian, appellant pro se.
Barbara Zahler-Gringer and Michael Colodner for respondents.
Robert Abrams, Attorney-General (Peter A. Durfree and O. Peter Sherwood of counsel), intervenor-respondent pro se.
Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur; Chief Judge WACHLER and Judge BELLACOSA taking no part.
Court of Appeals of the State of New York.
The order of the Appellate Division should be affirmed, with costs.
Plaintiff, an unsuccessful candidate for Housing Judge, challenges the constitutionality of CCA 110 (f), contending that — rather than Hearing Officers or Referees — Housing Judges are in fact full-fledged Judges; that the power to appoint Judges is an executive function; and that the statutory provision for appointment...
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