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MATTER OF SEDORE v. EPSTEIN

56 A.D.3d 60 (2008)

864 N.Y.S.2d 543

In the Matter of PATRICIA SEDORE, Respondent, v. HAROLD D. EPSTEIN, as Town Justice of the Town of Fishkill, Respondent, and WILLIAM V. GRADY, as District Attorney of Dutchess County, Intervenor Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 30, 2008.

Attorney(s) appearing for the Case

William V. Grady, District Attorney, Poughkeepsie (Bridget Rahilly Steller of counsel), appellant pro se.

David Goodman, Poughkeepsie (Steven Levine of counsel), for petitioner-respondent.

FLORIO, ANGIOLILLO and DICKERSON, JJ., concur.

OPINION OF THE COURT

SPOLZINO, J.P.

May a district attorney delegate the prosecution of a criminal action to an attorney retained by the complaining witness? If not, does the defendant's remedy lie in a proceeding pursuant to CPLR article 78 in the nature of prohibition against the judge before whom the action is commenced? We conclude that such a delegation is improper and that relief is available in this proceeding...

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