La Carrubba v. Klein

Suozzi, J. (concurring).

I concur with the majority only with respect to the result reached.

The majority holds that paragraph e of subdivision 1 of section 30 of the Public Officers Law, which provides that the office of a public officer "shall be vacant upon * * * [h]is conviction of a felony, or a crime involving a violation of his oath of office” does not, and never was intended by the Legislature to, apply to judicial officers, by reason of the exclusive constitutional provisions relating to removal of Judges (NY Const, art VI, §§ 22, 23, 24; art XIII, § 5). Since petitioner herein, an…