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MTR OF SCHUMER v. HOLTZMAN

60 N.Y.2d 46 (1983)

In the Matter of Charles E. Schumer, Appellant-Respondent, v. Elizabeth Holtzman, as District Attorney of Kings County, et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Decided September 15, 1983.

Attorney(s) appearing for the Case

Arthur L. Liman, Colleen McMahon, Todd D. Stern and Craig H. Solomon for appellant-respondent.

Elizabeth Holtzman, District Attorney (Barbara D. Underwood and Peter A. Weinstein of counsel), for respondent-appellant pro se, and for another respondent-appellant.

Chief Judge COOKE and Judges JASEN, JONES and WACHTLER concur; Judges MEYER and KAYE taking no part.

SIMONS, J.

In this article 78 proceeding, petitioner challenges the appointment by respondent Holtzman, the District Attorney of Kings County, of respondent Trager, Dean of Brooklyn Law School, as a special prosecutor to investigate and prosecute him for alleged criminal activities arising from his 1980 election as a member of Congress. Special Term held that the appointment was void and it also declared that...

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