Opinion
August 25, 1994
Appeal from the Supreme Court, New York County [Leland DeGrassee, J.].
Sullivan, J.P., and Wallach, J., concur in a memorandum by Wallach, J.; Carro and Kupferman, JJ., concur in a separate memorandum by Kupferman, J., all as follows:
Petitioner alleges no facts showing any constitutionally protected liberty or property interest in being reappointed as a Housing Court Judge (see, Schwartz v. Mayor's Comm. on Judiciary, 816 F.2d 54 [2d Cir 1987]), and raises no claim of substance that the discretion to reappoint delegated to the Chief Administrator pursuant to N.Y. Constitution, article VI, § 28 and CCA 110 (i) was exercised in a manner that was illegal or unconstitutional. Accordingly, the Chief Administrator's determination not to reappoint petitioner is not subject to judicial review (see, Schwartz v. Williams, 124 A.D.2d 798, 799, citing, inter alia, Matter of Marro v. Bartlett, 46 N.Y.2d 674).
I cannot fault the determination of the court regarding the applicable law. However, I must state that I am perturbed by the fact that a competent, caring and concerned Spanish-speaking jurist, approved by the Association of the Bar, has not been reappointed as a Housing Court Judge.
I suggest to the Chief Administrative Judge and his Deputy in authority that the matter be given further consideration for the next available appointment.