Judge in retirement dismissed appeal; return to post requires specific statutory provision, not general analogy.

The Supreme Court dismissed Judge Jack K.'s appeal against the Supreme Judicial Council's refusal to allow his return to the bench. Although the judge argued that the reasons for his retirement due to health had ceased, the Council correctly noted that Article 74 of the Judges' Law only permits return in specific scenarios like structural changes, not for health recovery. The court held that the right to return is a subjective right requiring explicit statutory basis, and the distinction between health-related and structural retirement does not violate constitutional equality principles.