Colgan v. Crosson

Wallach, J. (concurring).

Petitioner alleges no facts showing any constitutionally protected liberty or property interest in being reappointed as a Housing Court Judge (see, Schwartz v Mayor’s Comm. on Judiciary, 816 F2d 54 [2d Cir 1987]), and raises no claim of substance that the discretion to reappoint delegated to the Chief Administrator pursuant to NY Constitution, article VI, § 28 and CCA 110 (i) was exercised in a manner that was illegal or unconstitutional. Accordingly, the Chief Administrator’s determination not to reappoint petitioner is not subject to judicial review (see, Schwartz v…