In the Matter of ROBERT M. RESTAINO, a Judge of the Niagara Falls City Court, Niagara County, Petitioner.
STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued April 22, 2008.
Decided June 5, 2008.
Attorney(s) appearing for the Case
Connors & Vilardo, LLP, Buffalo (Terrence M. Connors and Vincent E. Doyle III of counsel), for petitioner.
Edward Lindner, New York City, Robert H. Tembeckjian and John J. Postel for respondent.
Anthony D. Parone, Niagara Falls, and Morton H. Abramowitz for Niagara Falls Boys' and Girls' Club, Inc., and others, amici curiae.
John M. Aversa, Niagara Falls, for Bar Association of Niagara County and others, amici curiae.
Walsh, Roberts & Grace, Buffalo (Gerald Grace, Jr., and Mark P. Della Posta of counsel), for New York State Association of City Court Judges, amicus curiae.
Niagara County Legal Aid Society, Niagara Falls (Mary Ann Oliver of counsel), Matthew T. Weber, W. Maxwell Coykendall and Emma Chapman, for Mary Ann Oliver and others, amici curiae.
John J. Delmonte, Niagara Falls, for Daniel T. Lukasik, amicus curiae.
Sugarman Law Firm, LLP, Buffalo (Shannon M. Heneghan of counsel), for City of Niagara Falls Police Department and others, amici curiae.
Robert Viola, Niagara Falls, for Phi Alpha Delta Law Fraternity, International, amicus curiae.
Lipsitz Green Scime Cambria LLP, Buffalo (Herbert L. Greenman of counsel), for Family and Children's Service of Niagara, Inc., and others, amici curiae.
David J. Farrugia, Public Defender, Lockport, Robert M. Pusateri and David Gerald Jay, Buffalo, for Niagara County Public Defender's Office and another, amici curiae.
Thomas M. O'Donnell, Acting Corporation Counsel, Niagara Falls (Christopher M. Mazur of counsel), for City of Niagara Falls, New York, amicus curiae.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur in per curiam opinion; Judge PIGOTT taking no part.
Court of Appeals of the State of New York.
OPINION OF THE COURT
Per Curiam.
At petitioner's request, we review a determination of the State Commission on Judicial Conduct which, with one member dissenting as to sanction, sustained a charge of misconduct and recommended that petitioner be removed from office (see NY Const, art VI, § 22; Judiciary Law § 44). In seeking review, petitioner concedes the facts as alleged, and challenges only the Commission's recommendation.
Based...
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