Matter of Holzman v Commission on Jud. Conduct

Motion No: M-4508

Slip Opinion No: 2011 NY Slip Op 91761(U)

Decided on December 6, 2011

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

December 6, 2011

In the Matter of Holzman v The Commission on Judicial Conduct

Stay denied. All concur except Catterson, J., who dissents as follows:

I respectfully dissent because in my view we should grant petitioner's application, in part, to the extent of staying any hearing by the Commission until the conclusion of the criminal trial of Michael Lippman, Esq. Should Mr. Lippman be acquitted of all the charges against him, he would be available to testify in the proceedings against Surrogate Holzman.

In my view, this is the more prudent course of action at this point in time. It will allow the Surrogate to present a complete defense and will remove any argument that we are being precipitous in allowing the proceeding to go forward against the duly elected Surrogate when he is precluded from calling his chosen fact witness.

Before: Catterson, J.P., Moskowitz, DeGrasse, Richter, Abdus-Salaam, JJ.

Motion No. M-4508