
    STATE OF NEW YORK COURT ON THE JUDICIARY
    Present: Honorable Harold Birns, Presiding Officer.
    Honorable Joseph A. Suozzi
    Honorable John P. Cohalan, Jr.
    Honorable Reid S. Moule
    Honorable Richard D. Simons
    In the Matter of Proceedings Pursuant to Section 22 of Article VI of the Constitution of the State of New York in Relation to Michael D. Altman, a Justice of the Town Court, Town of Fallsburg, County of Sullivan, Third Judicial Department.
   Respondent moves to dismiss 10 of the charges filed against him on the ground that he was never called to testify before the State Commission on Judicial Conduct with regard to the matters contained therein. The motion is denied (see Matter of Owen, 47 NY2d [q]).

This memorandum decision constitutes the order of this court.

Dated: July 10, 1978

Harold Birns (Signed) Harold Birns

Presiding Officer, Court on the Judiciary

Hyman W. Gamso (Signed) Clerk of the Court on the Judiciary  