In re Baker

Order affirmed, without costs, on the opinion at the Appellate Division. Insofar as the measure of discipline is concerned, u misconduct being proved, the [sanction] to follow was to be determined by the Appellate Division, and is not subject to revision here” (Matter of Axtell, 257 N. Y. 210, 211; see Matter of Kelly, 23 N Y 2d 368, 384; cf. Erie County Water Auth. v. Western N. Y. Water Co., 304 N. Y. 342, 346).

Upon the appeal herein there was presented and necessarily passed upon a question under the Constitution of the United States, viz.: The appellant argued that his right to freedom of…