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New York State Commission on Judicial Conduct v. Rubenstein, 99

The Appellate Division order dismissing defendant-attorney's appeal as moot is reversed and defendant's application to vacate the ex parte order releasing his sealed records as part of the investigation into a judge's alleged misconduct is denied, where: 1) the Appellate Division erred by dismissing as moot defendant's challenge to the New York State Commission on Judicial Conduct's authority; 2) the Commission is authorized, pursuant to the Judiciary Law and its constitutional mandate to investigate judicial misconduct, to request and receive records sealed under Criminal Procedure Law section 160.50 for use in its investigations; and thus, 3) the Commission acted within its power when it obtained records of defendant's underlying criminal proceeding.

Appellate Information

  • Decided 06/10/2014
  • Published 06/10/2014




  • Court of Appeals of New York


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