Opinion
Argued August 31, 1981
Decided September 22, 1981
Bernard J. Malone, Jr., and Susan S. Boocheever for petitioner.
Raymond S. Hack, Gerald Stern and Seth A. Halpern for respondent.
MEMORANDUM.
The determination of the State Commission on Judicial Conduct should be accepted.
Petitioner argues that the procedures followed by the commission were beyond its powers and did not afford petitioner due process. The commission is empowered with broad authority to investigate charges of improprieties by members of the judiciary. (Matter of Nicholson v State Comm., 50 N.Y.2d 597.) The course of the commission's investigation and proceedings are governed by the detailed provisions of section 44 of the Judiciary Law. Pursuant to this section, the commission investigated petitioner's handling of court funds and recordkeeping after receiving a letter from the Department of Audit and Control regarding petitioner's inability to account for certain court funds. Upon completing the investigation and serving the petitioner with a formal written complaint, the commission properly availed itself of summary proceedings when petitioner failed to answer the complaint or raise any question of fact. The statutory requirement authorizing the commission to make a determination after a hearing does not require the commission to go through a meaningless formal hearing where no issue of fact is raised.
Nor do we find that the sanction imposed by the commission is excessive. Petitioner's disregard for statutory recordkeeping requirements and his carelessness in handling public moneys is a serious violation of his official responsibilities. Such a breach of the public's trust warrants removal. (Matter of Cooley, 53 N.Y.2d 64; Bartlett v Flynn, 50 A.D.2d 401.)
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Determined sanction accepted, without costs, in a memorandum, and David W. Petrie is removed from the office of Justice of the Town Court of Danube, Herkimer County (Judiciary Law, § 47).