Thaler v. State

This is a motion by claimant for summary judgment and a cross motion by the State seeking dismissal of the claim.

Claimant was elected to the office of Justice of the Supreme Court for the Eleventh Judicial District in the general election of 1971 for a term commencing January 1, 1972. Between the date of his election and the commencement of his term, claimant took and filed his oath of office and thereafter was indicted on felony charges in Federal court. At his request, the Presiding Justice of the Appellate Division, Second Department, relieved claimant of any judicial assignments until…