Corruption case against Bronx Surrogate Lee Holzman by judicial conduct panel is persuasive
The state Commission on Judicial Conduct has persuasively laid out a case as to why Bronx Surrogate Judge Lee Holzman should be removed from office.
Panel director Robert Tembeckjian unveiled the findings of an investigation that was triggered by Daily News reports about Holzman's questionable behavior.
As surrogate, Holzman is responsible for probating wills and overseeing the estates of the dead, particularly when there is no will and no readily identifiable executor.
The commission staff found that Holzman let lawyer pal Michael Lippman loot estates, taking hundreds of thousands of dollars to which he was not entitled. Lippman has since been indicted by the Bronx district attorney and pleaded not guilty.
The Appellate Division, First Department, has denied a motion by Surrogate Lee L. Holzman (Bronx County) to stay the Commission's disciplinary proceeding against him, pending his appeal of a lower court decision that also denied his application for a stay.
The Commission authorized formal disciplinary charges against Surrogate Holzman in January 2011. Judge Holzman filed an Answer, and the matter was referred to retired Supreme Court Justice Felice K. Shea, as Referee to hear and report proposed findings of fact and conclusions of law. The hearing commenced on the morning of September 12, 2011, at which time Judge Holzman signed a written waiver of confidentiality.
Prior to September 12, 2011, Judge Holzman commenced a proceeding pursuant to Article 78 of the CPLR, seeking to stay the Commission proceedings against him. The matter was assigned to Acting Supreme Court Justice Barbara Jaffe in Manhtattan. Justice Jaffe sealed the record of the Article 78 proceeding, pending her decision. She rendered decision dated September 8, 2011, dismissing Judge Holzman's Article 78 petition.
Judge Holzman, by counsel, returned to Supreme Court on the morning of September 12, 2011, to renew his application to stay the Commission proceedings against him. Judge Jaffe issued a stay, pending decision. The Commission proceeding before Referee Felice Shea was therefore halted. Judge Jaffe thereafter issued a decision, denying Judge Holzman's renewed application.
The hearing before Referee Felice Shea was scheduled to resume on October 11.
On October 5, 2011, Judge Holzman, by counsel, again sought a stay of the Commission proceedings, pending his appeal of the Supreme Court decision dismissing his Article 78 petition. Associate Justice Sheila Abdus-Salaam of the Appellate Division, First Department, granted an interim stay, pending determination by a full panel of the Court as to Judge Holzman's request for a stay. Justice Abdus-Salaam set an expedited schedule for submission of briefs and consideration of the application by the court. Briefs were filed and the matter was fully submitted on October 12.
Accordingly, the hearing before Referee Felice Shea, scheduled to resume on October 11, was postponed, pending decision by the Appellate Division on Surrogate Holzman's application.
On December 6, 2011, the Appellate Division issued an Order, denying Judge Holzman's application for a stay of Commission proceedings, pending appeal. The disciplinary hearing against Judge Holzman will therefore resume. The Referee has scheduled the following dates: December 14, 15, 16 and 19; January 3, 4, 5, 6, 9, 10, 11, 12 and 13.
The documents as to both the Commission disciplinary proceeding against Surrogate Holzman, and his Article 78 proceeding against the Commission, are available at Holzman Proceedings.
The Commission has determined that Oswego City Court Judge P. Michael Shanley (Oswego County) should be censured. The determination is available at Shanley Decision. An accompanying press release is available at 2011 Releases.
The Commission has determined that New York City Civil Court Judge Shari R. Michels (New York County) should be admonished. The determination is available at Michels Decision. An accompanying press release is available at 2011 Releases.
The Commission has determined that Gouverneur Town Court Justice John W. Riordan (St. Lawrence County) should be admonished. The determination is available at Riordan Decision. An accompanying press release is available at 2011 Releases.
The Commission has determined that Shawangunk Town Court Justice Kevin V. Hunt (Ulster County) should be censured. The determination is available at Hunt Decision. An accompanying press release is available at2011 Releases.
The Commission has determined that Macomb Town Court Justice Lafayette D. Young, Jr. (St. Lawrence County) should be removed from office. The determination is available at Young Decision. An accompanying press release is available at 2011 Releases.
Judge Young has notified the Court of Appeals that he requests review of the Commission's determination. On November 17, the Court suspended Judge Young from judicial office, with pay, pending disposition of his request for review of the determination. The Court's order is available atYoung Suspension. Judge Young has until December 20, 2011, to submit his brief and the record on review to the Court of Appeals.
The Commission authorized formal disciplinary charges against Lee L. Holzman, Surrogate of Bronx County, in January 2011. Judge Holzman filed an Answer, and the matter was referred to retired Supreme Court Justice Felice K. Shea, as Referee to hear and report proposed findings of fact and conclusions of law. The hearing commenced on the morning of September 12, 2011, at which time Judge Holzman signed a written waiver of confidentiality.
Prior to September 12, 2011, Judge Holzman commenced a proceeding pursuant to Article 78 of the CPLR, seeking to stay the Commission proceedings against him. The matter was assigned to Acting Supreme Court Justice Barbara Jaffe in Manhtattan. Justice Jaffe sealed the record of the Article 78 proceeding, pending her decision. She rendered decision dated September 8, 2011, dismissing Judge Holzman's Article 78 petition.
Judge Holzman, by counsel, returned to Supreme Court on the morning of September 12, 2011, to renew his application to stay the Commission proceedings against him. Judge Jaffe issued a stay, pending decision. The Commission proceeding before Referee Felice Shea was therefore halted. Judge Jaffe thereafter issued a decision, denying Judge Holzman's renewed application.
The hearing before Referee Felice Shea was scheduled to resume on October 11.
On October 5, 2011, Judge Holzman, by counsel, again sought a stay of the Commission proceedings, pending his appeal of the Supreme Court decision dismissing his Article 78 petition. Associate Justice Sheila Abdus-Salaam of the Appellate Division, First Department, granted an interim stay, pending determination by a full panel of the Court as to Judge Holzman's request for a stay. Justice Abdus-Salaam set an expedited schedule for submission of briefs and consideration of the application by the court. Briefs were filed and the matter was fully submitted on October 12.
Accordingly, the hearing before Referee Felice Shea, scheduled to resume on October 11, was postponed, pending decision by the Appellate Division on Surrogate Holzman's application.
On December 6, 2011, the Appellate Division issued an Order, denying Judge Holzman's application for a stay of Commission proceedings, pending appeal. The disciplinary hearing against Judge Holzman will therefore resume. The Referee has scheduled the following dates: December 14, 15, 16 and 19; January 3, 4, 5, 6, 9, 10, 11, 12 and 13.
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