In re Conrad

Summary

The Appellate Division of the New York Supreme Court reviewed an order denying a petition by Edward E. Conrad, a physician whose medical license was revoked after a felony conviction for attempted abortion. Conrad sought a summary order directing the county clerk to cancel the annulment of his registration, but the court held that the Supreme Court lacked jurisdiction over the county clerk in his statutory capacity. The court reversed the order and dismissed the application without costs.

Holdings

1. The Supreme Court has no jurisdiction or authority over a county clerk, by which it can require him to mark or otherwise interfere with a record which he is required by statute to make or keep, not in his capacity as clerk of the court, but as a public officer of the county, except in so far as it acquires jurisdiction by some action or legal proceeding known to the law, or by express authority from the Legislature.

Questions Presented

1. Whether the Supreme Court had jurisdiction on a mere petition or motion to order the county clerk to cancel a certificate of revocation and annulment of a medical license registration.

Disposition

reversed