(concurring) :
In his complaint appellant alleged that, inasmuch as the Society has been assigned by the courts of the State to perform a role which the State of New York is required to perform, the Society is subject to the constitutional limitations on state action, and the Society exceeded these limitations by dismissing him for exercising protected First Amendment rights. Therefore he stated on paper a cause of action based upon 42 U.S.C. § 1983. However, a careful and thorough review of the record could not demonstrate more explicitly that the facts brought out below do not support the allegations. It is clear that the Society did not dismiss appellant because he had criticized the Society’s representation of indigent criminal defendants but because he displayed 'the lack of conscientiousness and dedication which the Society demands of its staff attorneys. Accordingly, to the extent that the lead opinion holds that appellant’s claim is unsupported, I concur therein and concur in affirming the judgment entered in the court below.