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MTR MOXHAM v. HANNIGAN

89 A.D.2d 300 (1982)

In the Matter of Walter E. Moxham, Jr., et al., Petitioners, v. Charles J. Hannigan, as Judge of The Niagara County Court, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 29, 1982

Attorney(s) appearing for the Case

Miskell & Moxham (Walter Moxham of counsel), for petitioners.

Robert Abrams, Attorney-General (James L. Kennedy of counsel), for respondent.

DILLON, P. J., HANCOCK, JR., DENMAN and MOULE, JJ., concur.

SCHNEPP, J.

In this CPLR article 78 proceeding petitioners seek to nullify an order of respondent, a County Court Judge, which prohibited petitioner Walter E. Moxham, Jr., from representing petitioner Randy L. Zimmerman in a Niagara County criminal proceeding because of his employment as a part-time Assistant County Attorney, and which ordered Zimmerman to retain other counsel. We conclude that prohibition lies, that Moxham's employment does not ethically...

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