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NEW YORK COUNTY v. BLOOMBERG

Nos. 5388, 107216/10, 5389.

95 A.D.3d 92 (2012)

940 N.Y.S.2d 229

2012 NY Slip Op 1876

In the Matter of THE NEW YORK COUNTY LAWYERS' ASSOCIATION et al., Appellants, and THE NEW YORK CRIMINAL BAR ASSOCIATION, INC. et al., Intervenors-Petitioners-Appellants, v. MICHAEL R. BLOOMBERG, in His Official Capacity as Mayor of the City of New York, et al., Respondents, and THE LEGAL AID SOCIETY OF NEW YORK, Intervenor-Respondent-Respondent.

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

Decided March 15, 2012.

Attorney(s) appearing for the Case

Haynes and Boone, LLP, New York City ( Jonathan D. Pressment , David M. Siegal and Kendyl T. Hanks of counsel), for New York County Lawyers' Association and others, appellants.

Satterlee Stephens Burke & Burke LLP, New York City ( Zoë E. Jasper and Alun W. Griffiths of counsel), for New York Criminal Bar Association, Inc. and another, appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Julian L. Kalkstein , Larry A. Sonnenshein and Thaddeus Hackworth of counsel), for Michael R. Bloomberg and others, respondents.

Davis Polk & Wardwell LLP, New York City ( Daniel F. Kolb , Daniel J. O'Neill and Jennifer Marcovitz of counsel), for Legal Aid Society, respondent.

MOSKOWITZ and RICHTER, JJ., concur with ANDRIAS, J.; MAZZARELLI, J.P., and ABDUS-SALAAM, J., dissent in a separate opinion by ABDUS-SALAAM, J.

OPINION OF THE COURT

ANDRIAS, J.

In this CPLR article 78 proceeding, we are called upon to judge the legality, not the wisdom or the prudence, of the City of New York's proposed revisions to its Indigent Defense Plan with respect to the assignment of counsel in cases in which the initial provider at arraignment is unable to represent the indigent person due to a conflict of interest. Upon our review of the record and relevant statutes, we conclude that the...

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