Opinion
November 24, 1986
Appeal from the Supreme Court, Westchester County (Ruskin, J.).
Ordered that the order and judgment is affirmed, without costs or disbursements.
The affidavits submitted by those with personal knowledge, which were not contradicted by any facts in evidentiary form, support Special Term's determination that the standards and administrative policies regarding the assignment of Acting Justices of the Supreme Court, found in the Rules of the Chief Judge (22 N.Y.CRR part 33) and the Rules of the Chief Administrator of the Courts (22 N.Y.CRR part 121), were fully complied with by the respondents. There being no claims of substance that the discretionary power delegated to the Chief Administrator pursuant to N Y Constitution, article VI, § 26 (i) and § 28 regarding the temporary assignment of Judges and Justices has been put to an illegal or unconstitutional use, the exercise of that discretionary power is not subject to judicial review (see, Matter of Marthen v Evans, 83 A.D.2d 415; Matter of Marro v Bartlett, 46 N.Y.2d 674; Ford v Clarke, 204 App. Div. 5, affd 236 N.Y. 606). Brown, J.P., Niehoff, Kooper and Spatt, JJ., concur.