Norfolk Town Court Justice Donald G. Lustyik has resigned while under investigation by the New York State Commission on Judicial Conduct for an allegedly wrongful eviction of tenants in a housing matter.

Lustyik, who had been admonished previously for misconduct in an unrelated matter, resigned from office effective Oct. 31 and agreed never to seek or accept judicial office at any time in the future.

The commission accepted a stipulation to that effect signed by the judge, his attorney and the commission’s administrator and closed its investigation.

In August, the commission told Judge Lustyik they were investigating a complaint alleging that, in a landlord-tenant matter, he ordered the eviction of tenants without conducting a hearing or affording them a full opportunity to be heard.

The stipulation and the commission’s order closing the case can be found on the commission’s website, www.cjc.ny.gov.

Lustyik was represented by Massena attorney Eric Gustafson.

The Commission was represented by Robert H. Tembeckjian, administrator and counsel to the commission; Cathleen S. Cenci, deputy administrator in charge of the Albany office; and senior attorney S. Peter Pedrotty. Senior investigator Ryan T. Fitzpatrick assisted in the investigation.