Legal Opinion

Rubino v. Ghezzi

Court of Appeals for the Second Circuit

Decided March 3, 1975No. Nos. 511, 876, Dockets 74-2374, 74-2435PublishedCited by 36 opinions

1Per curiam

Philip J. Ziehello, one of the named plaintiffs in this action commenced in the United States District Court for the Southern District of New York, was a Judge of the Civil Court of the City of New York, elected for a term which commenced on January 1, 1970. Although the normal term of office for this position is ten years, the New York State Constitution (Art. 6, § 25) and the Judiciary Law, McKinney’s Consol.Laws, c. 30 (§ 23) provide for mandatory retirement at the age of 70. Since Judge Ziehello was born in 1904, his term expired under state law on the last day of December, 1974. The…

2Cases cited11 opinions

  1. Williams v. RhodesSupreme Court of the United States · 1968
  2. Storer v. BrownSupreme Court of the United States · 1974
  3. Bullock v. CarterSupreme Court of the United States · 1972
  4. Cleveland Board of Education v. LaFleurSupreme Court of the United States · 1974
  5. Vlandis v. KlineSupreme Court of the United States · 1973

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3Cited by36 opinions

  1. Malmed v. ThornburghCourt of Appeals for the Third Circuit · 1980
  2. William M. HATTEN, Plaintiff-Appellant, v. Jack M. RAINS, Secretary of State for the State of Texas, Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1988
  3. Gondelman v. CommonwealthSupreme Court of Pennsylvania · 1989
  4. Palmer v. TiccioneCourt of Appeals for the Second Circuit · 1978
  5. Rittenband v. CoryCalifornia Court of Appeal · 1984

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