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MTR OF HART (STATE COMMN.)

7 N.Y.3d 1 (2006)

849 N.E.2d 946

816 N.Y.S.2d 723

In the Matter of DUANE A. HART, a Justice of the Supreme Court, Queens County, Petitioner. STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.

Court of Appeals of New York.

Decided May 4, 2006.

Attorney(s) appearing for the Case

Herzfeld & Rubin, P.C., New York City (Herbert Rubin and Lawton W. Squires of counsel), for petitioner.

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

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur in per curiam opinion; Judge G.B. SMITH dissents in a separate opinion in which Judge READ concurs.

OPINION OF THE COURT

Per Curiam.

Respondent Duane A. Hart, a Justice of the Supreme Court of the State of New York, Queens County, brings this proceeding to review a determination of the Commission on Judicial Conduct imposing a sanction of censure. We accept the Commission's determination.

The instant matter began with a formal written complaint by the Commission containing two charges. The second charge—that Judge Hart wrongly held in contempt...

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