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CRIM. DEFENSE LAWYERS v. KAYE

95 N.Y.2d 556 (2000)

744 N.E.2d 123

721 N.Y.S.2d 588

In the Matter of NEW YORK STATE ASSOCIATION OF CRIMINAL DEFENSE LAWYERS et al., Appellants, v. JUDITH S. KAYE, as Chief Judge of the New York State Court of Appeals, et al., Respondents.

Court of Appeals of the State of New York.

Decided December 21, 2000.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City (Julia Tarver of counsel), for appellants.

Eliot Spitzer, Attorney General, Albany (Alicia Ouellette of counsel), for respondents.

Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur in Per Curiam opinion; Chief Judge KAYE taking no part.

OPINION OF THE COURT

Per Curiam.

The issue presented is whether Chief Judge Kaye1 and Judges Smith, Levine, Ciparick and Wesley, named as parties in this CPLR article 78 proceeding brought to invalidate an administrative order of the Court, should be disqualified from participating in the decision of petitioners' motion for leave to appeal from an order affirming the dismissal of the proceeding.2...

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