Goldstein v. Bartlett

OPINION OF THE COURT

James Gibson, J.

This article 78 proceeding poses issues: (1) as to the validity —constitutionally and generally — of rule 25.44 of the Rules of the Administrative Board of the Judicial Conference (22 NYCRR 25.44, eff Sept. 1, 1977) closely restricting the right of law secretaries to Supreme Court Justices to engage in the private practice of law; and (2) as to the effect of the rule, if valid, upon the rights of an incumbent — the petitioner — who held office under the prior, less constraining rule 839.4 of the Appellate Division, Third Department (22 NYCRR 839.4) until it…