MATTER OF HENNESSY


48 N.Y.2d 863 (1979)

In the Matter of Richard A. Hennessy, Jr., as District Attorney of Onondaga County, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1979.


Attorney(s) appearing for the Case

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Edward Z. Menkin of counsel), for appellant.

Peter D. Andreoli, Special Deputy Attorney-General (Norman S. Hatt of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs. The Appellate Division treated the proceeding as one seeking a writ of prohibition and the Special Prosecutor's cross motion as a motion to dismiss the petition and as such, granted the motion to dismiss.

The Appellate Division correctly determined that the Special Prosecutor had jurisdiction to conduct this investigation and that no...

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