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MTR OF MURPHY v. DWYER

101 A.D.2d 376 (1984)

In the Matter of William J. Murphy, as Rensselaer County Executive, on Behalf of The County of Rensselaer, Petitioner, v. M. Andrew Dwyer, Jr., as Rensselaer County Judge, et al., Respondents

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

May 17, 1984

Attorney(s) appearing for the Case

Marvin I. Honig, County Attorney (Gordon R. Mayo of counsel), for petitioner.

Robert Abrams, Attorney-General (Peter G. Crary and William J. Kogan of counsel), for M. Andrew Dwyer, Jr., respondent.

Charles J. Wilcox, District Attorney (Richard L. Nabozny of counsel), respondent pro se.

MAHONEY, P. J., KANE, MIKOLL and YESAWICH, JR., JJ., concur.

WEISS, J.

Does section 701 of the County Law, which provides for court appointment of a Special Prosecutor when the District Attorney is absent from court or upon his disqualification from acting in a particular case at a term of court, authorize such appointment when a District Attorney refuses, as a matter of policy adopted by him, to participate in an appeal from a conviction for violation of the Vehicle...

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