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94 Misc. 322

Scheidlinger v. Silber

Appellate Terms of the Supreme Court of New York · decided 1916-03-15

ee of the Municipal Court of the city of New York sitting in the third district, borough-of Brooklyn, denying a motion to vacate and set aside an ex parte order for the examination before trial of one of the defendants, the defendant so ordered to be examined alone appealing.

Cited by 1 later decisions — most recently March 1934

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1916-03-15

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Blackmar, J.

¶1I concur in the prevailing opinion to the effect that the act of the legislature making the Municipal Court a court of record is valid; but am not satisfied that it necessarily follows that such act results in depriving the Supreme Court of the power *328of removal of the justices. The operation of the act may, it seems to me, be limited by the other constitutional measure that the justices must be removed by a court. Any other view gives to the act the effect of nullifying that plain provision of the Constitution. I vote to declare the act constitutional without attempting to pass on the question whether the effect of it is to make the justices removable only by the senate instead of by the Supreme Court.

¶2Appeal dismissed, with ten dollars costs.

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