Matter of Director of Assigned Counsel Plan of the City of N.Y

In Matter of Director of Assigned Counsel Plan of the City of N.Y. (Bodek) (87 N.Y.2d 191 [1995]) the Court reaffirmed our determination that a trial judge's award of compensation pursuant to County Law 722-b was an administrative act not subject to judicial review. There, two trial judges awarded excess compensation to a court-appointed social worker pursuant to County Law 722-c. After the same trial judges denied the requests from the Director of the Assigned Counsel Plan to reduce the compensation awards, the Director attempted to appeal the awards. The Appellate Division declined to consider the merits of the appeals, holding that they were not reviewable. The Court affirmed. Initially, the Court noted that, as to appealability, there was no meaningful distinction between the County Law 722 and 722-b assigned-counsel compensation order to be appealed in Werfel and the County Law 722-c assigned-expert compensation orders in Bodek. The Court went on to hold that "such orders are essentially administrative in nature and, accordingly, are not amenable to judicial review on the merits by an appellate panel." (87 NY2d at 194.) Finally, the Court stated, "to the extent that the trial courts' unreviewable discretion produces truly anomalous consequences or patterns of abuse in particular situations, the problem can and should be addressed through the available administrative tools." (Id.)