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MATTER OF MORGENTHAU

1230N 401693/08

73 A.D.3d 415 (2010)

901 N.Y.S.2d 6

In the Matter of ROBERT M. MORGENTHAU, District Attorney, New York County, Respondent. NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT, Respondent, and HONORABLE W., Appellant. ROBERT H. TEMBECKJIAN, as Administrator of the New York State Commission on Judicial Conduct, Intervenor-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 4, 2010.

This action arises out of an order issued pursuant CPLR 2304 quashing the administrative subpoena issued by the New York State Commission on Judicial Conduct to then New York County District Attorney, Robert M. Morgenthau.

The undisputed facts are that on September 30, 2005, the Commission, on its own motion and own complaint pursuant to Judiciary Law § 44(2), initiated an investigation of Justice W. and notified him of the allegations by a letter dated December...

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