General
In the Matter of the Charges Made by J. Irwin Shapiro, as Commissioner of Investigation of the State of New York, Petitioner, against Moses W. Drake, as Justice of the Peace of the Town of Islip, Respondent
2 A.D.2d 992·New York Supreme Court, Appellate Division·1956·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
In the Matter of the Charges Made by J. Irwin Shapiro, as Commissioner of Investigation of the State of New York, Petitioner, against Moses W. Drake, as Justice of the Peace of the Town of Islip, Respondent.
[MAJORITY]
Pending the determination of the charges made against respondent in a proceeding brought to remove him from the office of Justice of the Peace of the Town of Islip, he resigned that office. It is our opinion that since the purpose of the proceeding has been effected by respondent’s resignation, the proceeding has become moot and no further action therein by this court is required or permissible (see Code Crim. Pro., § 132). The proceeding is accordingly dismissed. Present — Nolan, P. J., Beldoek, Murphy, Ughetta and Kleinfeld, JJ.