Legal Opinion

In re the Application for the Removal of Levy

Appellate Division of the Supreme Court of the State of New York

Decided November 4, 1921Published

Proceeding for the removal of a justice of the Municipal Court of the City of New York upon charges. The proceeding was brought by Benjamin Schlesinger and others, under article 6, section 17, of the Constitution and section 132 of the Code of Criminal Procedure, for the removal of Aaron J. Levy from the office of justice of the Municipal Court of the City of New York. (See 192 App. Div. 550.)

1Opinion of the Court

Clarke, P. J.:

The respondent was duly elected a justice of the Municipal Court of the City of New York for the Second Municipal District in November, 1913, for a term of ten years beginning January 1, 1914. The petition alleges that as such justice he is, and at all times hereinafter mentioned was, forbidden by law to engage in any other business, and is and was forbidden by law to detail or cause any officer, employee or subordinate of the city of New York to do or perform any service or work outside of his public office work or employment, and is and was required by law to devote his whole…

2Cases cited1 opinion

  1. In re the Removal of Deuel from the Office of Justice of the Court of Special SessionsAppellate Division of the Supreme Court of the State of New York · 1908

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