Connolly v. Scudder
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLazansky, P. J.
This court has held that a justice of the Supreme Court, appointed by the Governor under section 34 of the Public Officers Law, as it stood until recently amended, was acting in a proceeding which partook of the nature of a judicial proceeding, and that, therefore, the powers of the justice were limited by the terms of the act which require a hearing, and that secret sessions were not such a hearing. Further than this I did not intend to go in participating in the per curiam opinion.
The Legislature has now provided (Laws of 1928, chap. 15, amdg. Pub. Officers Law, § 34) that the appointee may…
2Cases cited4 opinions
- Dinan v. SwigMassachusetts Supreme Judicial Court · 1916
- People Ex Rel. Washington v. . NicholsNew York Court of Appeals · 1873
- Connolly v. ScudderAppellate Division of the Supreme Court of the State of New York · 1928
- Ex Parte GansU.S. Circuit Court for the District of Eastern Missouri · 1883