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MTR MORGENTHAU v. COOKE

85 A.D.2d 463 (1982)

In the Matter of Robert M. Morgenthau, as District Attorney of New York County, on Behalf of The People of the State of New York, Appellant, and Jack Rosenberg, as Judge of the Criminal Court of The City of New York, Intervenor, v. Lawrence H. Cooke, as Chief Judge of the Unified Court System of The State of New York, et al., Respondents

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

March 30, 1982

Attorney(s) appearing for the Case

Robert M. Pitler of counsel (Amyjane Rettew with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Boris Kostelanetz of counsel (David F. Axelrod with him on the brief; Kostelanetz & Ritholz, attorneys), for intervenor.

Paul A. Feigenbaum (Michael Colodner and Kenneth Falk with him on the brief), for respondents.

SULLIVAN, MARKEWICH, LUPIANO and BLOOM, JJ., concur; SANDLER, J. P., dissents in an opinion.

Per Curiam.

Petitioner-appellant is the District Attorney of New York County; respondents-respondents are, respectively, the Chief Judge of New York State, sued in his capacity as chief judicial officer of the State's Unified Court System, and the Chief Administrative Judge of the system, sued in his official capacity. On motion granted by this court, Criminal Court Judge JACK ROSENBERG, heretofore assigned temporarily...

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