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MATTER OF SMITH v. TORMEY

No. 100.

19 N.Y.3d 533 (2012)

2012 NY Slip Op 4664

In the Matter of TODD M. SMITH, Respondent, v. JAMES C. TORMEY, as District Administrative Judge for the Fifth Judicial District, Respondent, and COUNTY OF ONONDAGA et al., Appellants.

Court of Appeals of New York.

Decided June 12, 2012.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Syracuse ( Jonathan B. Fellows of counsel), for appellants.

Gary H. Collison , Liverpool, for respondent.

Stillman & Friedman, P.C., New York City ( Nathaniel Z. Marmur and Laura P. Wexler of counsel), and Richard D. Willstatter , White Plains, for New York State Association of Criminal Defense Lawyers, amicus curiae. 22 NYCRR 127.2 (b) does not allow an administrative judge to nullify the appointment of counsel for an indigent defendant.

Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

JONES, J.

The primary issue presented on this appeal is whether an Administrative Judge exceeded his authority pursuant to 22 NYCRR 127.2 (b) by considering the order of a trial court assigning an attorney, under article 18-B of the County Law, to a criminal proceeding. We hold that section 127.2 (b), which only provides for an administrative judge's review of orders awarding legal fees to attorneys, did not authorize the Administrative...

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