subscribesubscriber servicescontact usabout ussite mapBuy a Classified
Sat, Jul 04 2009 

Published: November 28, 2007 10:20 pm    print this story  

CITY COURT: Restaino intends to seek opinion from higher court

By Mark Scheer
Niagara Gazette

City Court Judge Robert Restaino’s attorney said Wednesday his client “deeply regrets” and “profoundly apologizes” for the actions that led to a recommendation for his removal from the bench and added that his client intends to seek a second opinion on the matter from a higher court.

The recommendation, issued Nov. 13 and made public late Tuesday afternoon, said Restaino engaged in “an egregious and unprecedented abuse of judicial power” on March 11, 2005, when he sent 46 people to jail following an incident in his courtroom in which the judge attempted unsuccessfully to find the source of what was believed to be a cell phone ringing.

The eight page decision, supported by nine of the commission’s 10 members, was unrelenting in its criticism of Restaino. Commissioner’s wrote that Restaino behaved like “a petty tyrant” whose behavior constituted “a gross deviation from the proper role of a judge.”

Restaino’s attorney, Terrence M. Connors, said his client intends to file a notice of appeal in the case with the state Court of Appeals which has the power to reduce Restaino’s punishment from outright removal to a less serious censure.

“It is our hope that the Court of Appeals will measure those few hours against a decade of exemplary conduct on the bench and years of extraordinary service to the Niagara Falls community,” Connors said in a statement released Wednesday.

New York’s Court of Appeals is presided over by seven judges who have the power to suspend Restaino pending a review of his case. Court of Appeals’ spokesman Gary Spencer could not say Wednesday whether Restaino would be suspended, noting that the court had not yet received a formal notice of appeal from the judge.

By law, Connors has 30 days from notification of the Commission on Judicial Conduct’s decision to file such an appeal.

Should the court determine that the commission’s findings in the Restaino case were appropriate, Office of Court Administration spokesman David Bookstaver said the choice of the judge’s temporary replacement would fall to Niagara Falls Mayor-elect Paul Dyster. Restaino secured a 10-year term as judge in 2001. His temporary replacement, if needed, would serve until a new judge could be elected in November of 2008.

“The mayor has the authority to make an interim appointment until the next election,” Bookstaver said.

print this story  



Zillow
monster
autoconx
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Premier Guide

Find a job! Find a Home! Find a car!

Featured Jobs

Spanish Teacher
SPANISH Teacher-F/T, Exp., NYS Cert. Send resume to khalgash@ wny.twcbc.com or St. Peter RC School 140 N. 6th St., Lewis...>MORE

Nurses
NURSES
RNs & LPNs

We have assignments available in home care
& staffing.
Interim Health Care
...>MORE

Nurse
NURSE. Niagara County Community College is seeking a part-time college nurse for the college’s health services. Please s...>MORE

Packers
PACKERS NEEDED
Apply Wed 7/1/09 or Wed 7/8/09, 9-11am, DOL, 81 Walnut St, Lkpt Durham Staffing 283-2275
...>MORE

LPN
LPN - P/T positions available. Send resume to Niagara Hospice, 4675 Sunset Dr., Lockport, NY 14094; Fax: 716-439-6035 AT...>MORE

In Bound Telesales
In Bound Telesales!
Altitude Marketing is one of DISH Network’s top national retailers and has immediate FT positi
...>MORE

CLEANERS
Housekeeping, Summer/ permanent help, p/t-4 day work wk, no w/e, bonuses, car nec. 694-2810 ...>MORE

Technicians
CIVIL SERVICE EXAMS
Exam Date: 9/12/09
Filing Period:
7/6/09 -7/22/09
EXAM FEE: $20.00
N.F. WA
...>MORE

Medical Office Assistant
MED. OFFICE ASST, PT, exp pref but not necessary, Med-Dent know- ledge helpful. Email resume to: mary paones sa@yahoo.c...>MORE

Service Greeter
Service greeter wanted, PT. Looking for someone with strong customer service skills to work in our fast growing service ...>MORE

See all ads

Feature Autos

1950 Plymouth Custom
PLYMOUTH 1950 Custom, 4 dr, good shape, $1,500/BO. 795-0074...>MORE

Dodge 2001 SLT
‘O1 DODGE SLT, 8’ bed, cap, spray line, low miles. Never seen winters, $7,300. 998-0230...>MORE

1990 Chevy 2500
1990 CHEVY 2500 pick up, fresh paint, 160k mi, good runner, 4WD, ext cab, $2500, 716-572-9153...>MORE

1994 Buick Roadmaster Wagon
BUICK 1994 Roadmaster Estate Wagon, V8, 130k, fair condition, 1 owner. $2800 or BO. 297-1061....>MORE

Ford 1993 Taurus
FORD 1993 Taurus, just inspected, runs good $900 or best offer,
284-0244
...>MORE

FORD 1999 150
FORD 1999 150 pickup, good cond., tool box, bedliner, standard, $2500 or BO. 523-3653...>MORE

Dodge 1996 Grand Caravan
Niagara Falls
2753 NIAGARA ST.
FRI. SAT.
9AM-4PM
oriental rug, old tools, antique car parts, toys,
...>MORE

Ford 1999 150 Truck
FORD 1999 150 pickup, good cond., tool box, bedliner, standard, $2500 or BO. 523-3653...>MORE

1994 Pontiac Sunbird
PONTIAC 1994 Sunbird conv. V6, EC in & out, red w/blk top, wht int., CD, real sharp. $2850. 523-7102...>MORE

1997 Ford Taurus GL
FORD 1997 Taurus GL, good condition, cold A/C, cruise, 1 owner, white. $1995 or BO. 990-6187....>MORE

See all ads




 

Community Newspaper Holdings, Inc.CNHI Classified Advertising NetworkCNHI News Service
Associated Press content © 2009. All rights reserved. AP content may not be published, broadcast, rewritten or redistributed.
Our site is powered by Zope and our Internet Yellow Pages site is powered by PremierGuide.
Some parts of our site may require you to download the Flash Player Plugin.
View our Privacy Policy
Advertiser index