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MATTER OF FITZGERALD

100 N.Y.2d 52 (2003)

790 N.E.2d 767

760 N.Y.S.2d 392

In the Matter of EDMUND G. FITZGERALD, JR., a Judge of the Yonkers City Court, Westchester County, Petitioner. STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.

Court of Appeals of the State of New York.

Decided May 1, 2003.

Attorney(s) appearing for the Case

Edwards & Angell, LLP, New York City (Hal R. Lieberman and Anthony J. Viola of counsel), for petitioner.

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

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT, GRAFFEO and READ concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

Petitioner, a Judge of the City Court of Yonkers, Westchester County, seeks review of a determination of the State Commission on Judicial Conduct sustaining one charge of misconduct and concluding that he should be removed from office (see NY Const, art VI, § 22; Judiciary Law § 44). The formal written complaint alleged that petitioner on several occasions was derelict in the management of his attorney escrow...

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