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MATTER OF FEINBERG

5 N.Y.3d 206 (2005)

833 N.E.2d 1204

800 N.Y.S.2d 529

In the Matter of MICHAEL H. FEINBERG, as Surrogate of Kings County, Petitioner. STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.

Court of Appeals of the State of New York.

Decided June 29, 2005.

Attorney(s) appearing for the Case

Greenberg Traurig, LLP, Albany (Henry Greenberg and Cynthia Evans Neidl of counsel), for petitioner.

Robert H. Tembeckjian, New York City, and Alan W. Friedberg for respondent.

Whiteman Osterman & Hanna LLP, Albany (Howard A. Levine and James B. Ayers of counsel), for Surrogate's Association of the State of New York, amicus curiae.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

Michael H. Feinberg, Surrogate of Kings County, asks this Court to reject the determination of the Commission on Judicial Conduct that he be removed from office on grounds of systematic failure, over a period of more than five years, to apply statutory requirements regarding the award of legal fees to counsel for the Public Administrator, and conduct that conveyed an appearance of...

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