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MATTER OF SHAW

96 N.Y.2d 7 (2001)

747 N.E.2d 1272

724 N.Y.S.2d 672

In the Matter of JAMES H. SHAW, JR., a Justice of the Supreme Court, Second Judicial District, Kings County, Petitioner. STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.

Court of Appeals of the State of New York.

Decided February 20, 2001.

Attorney(s) appearing for the Case

Emery Cuti Brinckerhoff & Abady, P. C., New York City (Richard D. Emery and Ilann M. Maazel of counsel), for petitioner.

Robert H. Tembeckjian, New York City, and Gerald Stern for respondent.

Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and SULLIVAN concur in Per Curiam opinion; Judge ROSENBLATT concurs in a separate concurring opinion; Judge SMITH dissents in another opinion; Chief Judge KAYE taking no part.

OPINION OF THE COURT

Per Curiam.

Petitioner, a Justice of the Supreme Court, Kings County, seeks review of a determination of the State Commission on Judicial Conduct sustaining one of two charges of misconduct against him and censuring him (NY Const, art VI, § 22; Judiciary Law § 44). The Commission determined that petitioner failed to maintain standards of conduct so as to preserve the integrity of the judiciary (22 NYCRR 100.1); failed to avoid...

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