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MILDNER v. GULOTTA

Nos. 74 C 1101, 74 C 1668 and 74 C 1684.

405 F.Supp. 182 (1975)

Herbert MILDNER, Plaintiff, v. Frank A. GULOTTA, Individually and as Presiding Justice, Appellate Division of the State of New York, Second Judicial Department, et al., Defendants. Milton LEVIN, Plaintiff, v. Frank A. GULOTTA et al., Defendants. Julius GERZOF, Plaintiff, v. Frank A. GULOTTA et al., Defendants.

United States District Court, E. D. New York.

Judgment Affirmed March 29, 1976.

Attorney(s) appearing for the Case

Lippe, Ruskin & Schlissel, P. C., by Richard Lippe, Mineola, New York, for plaintiff Mildner.

Paul, Weiss, Rifkind, Wharton & Garrison, by Simon H. Rifkind, Mark A. Belnick, New York City, for plaintiff Levin.

Phillips, Nizer, Benjamin, Krim & Ballon, by Angelo T. Cometa, William, R. Reilly, New York City, for plaintiff Gerzof.

Louis J. Lefkowitz, Atty. Gen., by Samuel A. Hirshowitz, A. Seth Greenwald, Daniel M. Cohen, New York City, for defendants.

Nicholas C. Cooper, Judicial Inquiry on Professional Conduct Amicus Curiae.

Before MOORE, Circuit Judge, WEINSTEIN and NEAHER, District Judges.

Judgment Affirmed March 29, 1976. See 96 S.Ct. 1489.

NEAHER, District Judge.

These three civil rights actions were brought under 42 U.S.C. § 1983 to test the constitutionality of the procedures used by the State of New York to discipline attorneys charged with professional misconduct. Each case involves an attorney who was recently disciplined by the New York Supreme Court, Appellate Division, Second Department (hereinafter "Appellate Division"), thereby...

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