STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Investigation of Complaints Pursuant to Section 44, subdivisions 1 and 2, of the Judiciary Law in Relation to

GREGORY H. BURKER,

A Justice of the Watson Town Court, Lewis County.

STIPULATION

THE FOLLOWING IS HEREBY STIPULATED by and between Robert H.

Tembeckjian, Administrator and Counsel to the Commission on Judicial Conduct, and

the Honorable Gregory H. Burker.

I . Judge Gregory H. Burker has been a Justice of the Watson Town Court,

Lewis County, since January 1999. His current term expires on December 31, 2023.

Judge Burker is not an attorney.

2. On October 29, 2020, the Commission authorized an investigation of a

complaint alleging that Judge Burker had been charged with criminal mischief for

allegedly vandalizing a town official ' s vehicle by "keying" it while it was parked in a

parking lot, apparently in reaction to the town' s denial of his request to provide health

insurance. Also on October 29, 2020, Judge Burker pied guilty to criminal mischief in

the fourth degree, a misdemeanor, in connection with the incident.

3. Judge Burker has tendered his resignation by letter dated December_, 2020,

a copy of which is annexed as Exhibit A. Judge Burker affinns that he will vacate

judicial office as of December 31 , 2020.

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4. Pursuant to Section 47 of the Judiciary Law, the Commission has 120 days

from a judge' s resignation to complete proceedings and, if it so determines, render and

file a determination that the judge should be removed from office.

5. Judge Burker affirms that, once he vacates his judicial office on December

31 , 2020, he will neither seek nor accept any judicial office at any time in the future.

6. Judge Burker understands that, should he abrogate the terms of this

Stipulation and seek or hold any judicial position at any time in the future, the

Commission's investigation of the complaint would be revived, he would be served with

a Formal Written Complaint on authorization of the Commission, and the matter would

proceed to a hearing before a referee.

7. Upon execution of this Stipulation by the signatories below, this Stipulation

will be presented to the Commission with the joint recommendation that the matter be

concluded, by the terms of this Stipulation, without further proceedings.

8. Judge Burker waives confidentiality as provided by Section 45 of the

Judiciary Law, to the extent that (1) this Stipulation will become public upon being

signed by the signatories below, and (2) the Commission's Decision and Order regarding

this Stipulation will become public.

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Dated: /;L-;Z.t(-,a,

Dated: Robert H. Tembeckjian Administrator and Counsel to the Commission (John J. Postel and M. Kathleen Martin, Of Counsel)

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January 11, 2021

December#, 2020

Gerald Crowell Town Supervisor Town of Watson Offices 6971 Number Four Road Lowville, New York 13367

Dear Mr. Crowell:

I am writing to inform you that I am resigning from the position of Town Justice for the Town of Watson effective December 31, 2020.

It has been a privilege to serve as the Town Justice for the Town of Watson for the past twenty-one years.

Thank you.

cc: Hon. Lawrence K. Marks Chief Administrative Judge New York State Unified Court System 25 Beaver Street New York, New York 10004

Hon. James P. Murphy Administrative Judge Fifth Judicial District Onondaga County Supreme Court 401 Montgomery Street Syracuse, New York 13202

l ~y~RL g~qj~ Wats°ti Town Justice

EXHIBIT A