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IN THE MATTER OF SEDORE v. EPSTEIN

2007-02296

2008 NY Slip Op 07247

IN THE MATTER OF PATRICIA SEDORE, petitioner-respondent, v. HAROLD D. EPSTEIN, ETC., respondent; WILLIAM GRADY, District Attorney, Dutchess County, intervenor respondent-appellant.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

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

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

Before: Robert A. Spolzino, J.P., Anita R. Florio, Daniel D. Angiolillo, Thomas A. Dickerson, JJ.

OPINION & ORDER

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.

These issues arise from an incident...

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