MATTER OF MAKHANI v. KIESEL

Ind. No. 1420/21. Appeal No. 16444. Case No. 2022-03338.

211 A.D.3d 132 (2022)

178 N.Y.S.3d 506

2022 NY Slip Op 06556

In the Matter of JOSEPH MAKHANI, Petitioner, v. DIANE KIESEL et al., Respondents.

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

Decided November 17, 2022.


Attorney(s) appearing for the Case

Friedman Kaplan Seiler & Adelman LLP, New York City (Robert S. Smith and Philip J. Biegler of counsel), and NechelesLaw LLP, New York City (Gedalia M. Stern and Susan R. Necheles of counsel), for petitioner.

Letitia James, Attorney General, New York City (Melissa Ysaguirre and Elizabeth Figueira of counsel), for Letitia James, respondent.

RENWICK, J.P., FRIEDMAN, SINGH and SHULMAN, JJ., concur.


OPINION OF THE COURT

This CPLR article 78 proceeding seeking a writ of prohibition raises an issue of apparent first impression: whether the Attorney General (AG) may criminally prosecute an individual based on an Executive Law § 63(3) referral from the Chief Administrative Judge of the Unified Court System. Executive...

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