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 therefore resumed. The Referee presided on the following dates: December 14, 15, 16 and 19; January 3, 4, 5, 6, 9, 10, 11, 12, 13 and 17. The hearing, which was held at 111 Centre Street, Room 687, in Manhattan, concluded on January 17, 2012. On March 1, 2012, the Appellate Division affirmed Judge Jaffe's decision and denied Judge Holzman's petition for a stay of Commission proceedings.
After the transcripts of the hearing were completed, the parties submitted briefs to the Referee, who issued a written report to the Commission dated July 18, 2012, recommending findings of fact and conclusions of law. The parties therafter submitted briefs and appeared for oral argument before the Commission on September 19, 2012, debating whether the Referee's report should be accepted and what, if any, sanction should be imposed.
The Commission rendered its determination dated December 13, 2012, that Judge Holzman should be censured. Three Commission members dissented and voted for removal from office. The determination is available at Holzman Decision. Judge Holzman did not request review in the Court of Appeals, and the matter therefore is conlcuded.
The documents as to Surrogate Holzman's Article 78 proceeding against the Commission are available through the links below.
SURROGATE HOLZMAN'S CPLR ARTICLE 78 PROCEEDING AGAINST THE COMMISSION
Surrogate Holzman's Petition
Order To Show Cause
Commission Administrator's Affirmation in Opposition
Commission's Verified Answer and Return
Commisssion's Memorandum of Law (By Attorney General Eric T. Schneiderman)
Justice Jaffe's Decision and Order
Surrogate Holzman's Second Show Cause Application
Justice Jaffe's Order Staying the Commission Proceeding
Commission Deputy Administrator's Affirmation in Opposition
Commission's Memorandum of Law (By Attorney General Eric T. Schneiderman)
Justice Jaffe's Second Decision
Interim Stay of Commission Proceedings by Appellate Division
Surrogate Holzman's Petition to the Appellate Division
Surrogate Holzman's Reply
Appellate Division Order Denying Surrogate Holzman's Motion for a Stay
Appellate Division Decision Denying Surrogate Holzman's Petition