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  5. 165 A.D.2d 382 (1991)
 

MATTER OF FRANKEL v. ROBERTS

165 A.D.2d 382 (1991)

In the Matter of Robin Frankel et al., Petitioners, and Association of Legal Aid Attorneys in the City of New York District 65, UAW, Petitioner-Intervenor, v. George Roberts, as Justice of the Supreme Court, New York County, et al., Respondents

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

April 2, 1991

Attorney(s) appearing for the Case

Laura R. Johnson and Michele Maxian of counsel (Robert M. Baum, attorney), for petitioners.

Leonard Leibowitz for petitioner-intervenor.

John J. Sullivan of counsel (Robert Abrams, Attorney-General, attorney), for respondent.

Paul H. Levinson and Steven J. Hyman of counsel (Leavy Rosensweig & Hyman, attorneys), for New York Civil Liberties Union, amicus curiae.

CARRO, J., concurs with ASCH, J.; WALLACH, J., concurs in a separate opinion; KUPFERMAN, J. P., dissents in part in a separate opinion.

ASCH, J.

Petitioners seek an order under CPLR article 78 to prohibit respondent Justice George Roberts from enforcing his judgment and order requiring petitioners, on penalty of being relieved or held in contempt, to remove a political button from their lapels which states "Ready To Strike".

The incident in question took place in Part 30 of the New York Supreme Court, Criminal Term, where only arraignments...

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