Legal Opinion · Concurrence

Connolly v. Scudder

Appellate Division of the Supreme Court of the State of New York

Decided February 1, 1928Published

1ConcurrenceKapper, J.

I concur in the result. I am in accord with the view that disqualification by reason of a State of mind ought not to prevail, and that it must be assumed that Mr. Justice Scudder will approach the hearing with a mind open, receptive and fair. I am also in accord with the view that the task imposed upon the justice, pursuant to the legislative authority contained in the Public Officers Law, section 34, is a judicial task, and contemplates the conduct of this proceeding “ in a judicial manner ” and in the exercise of “ judicial power.”

On January 1,1928, the Governor designated Mr. Justice…

2Cases cited6 opinions

  1. People v. . HallNew York Court of Appeals · 1901
  2. People Ex Rel. Washington v. . NicholsNew York Court of Appeals · 1873
  3. People Ex Rel. Welch v. . BardNew York Court of Appeals · 1913
  4. Williamson v. RandolphAppellate Division of the Supreme Court of the State of New York · 1906
  5. Owasco Lake Cemetery v. TellerAppellate Division of the Supreme Court of the State of New York · 1906

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