An acting state Supreme Court justice was allowed to remain in his position for 10 months after being admonished by the state's Commission on Judicial Conduct, despite administrative rules barring disciplined acting justices from doing so.

Acting Brooklyn Supreme Court Justice Michael Gary, who has spent 23 years as a state judge, was sent down to the city's Criminal Court, according to an order effective Wednesday.

Gary was publicly disciplined in October 2016 for threatening Brooklyn prosecutors with a mistrial, a contempt ruling and financial sanctions after learning that a death threat was made against a witness in a rape trial. The commission's administrator, Robert Tembeckjian, said Gary acknowledged his actions were “heavy-handed” and misguided, and he agreed to admonition as his proper punishment (NYLJ, Oct. 25, 2016).