MTR. OF HARVEY v. RENSSELAER


190 A.D.2d 261 (1993)

In the Matter of Jonathan P. Harvey, as Special District Attorney, Respondent, v. County of Rensselaer, Appellant

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

May 20, 1993


Attorney(s) appearing for the Case

Robert A. Smith, Troy, for appellant.

Harvey and Harvey, Harvey & Mumford, Albany (Jonathan P. Harvey of counsel), respondent pro se.

WEISS, P. J., and LEVINE, J., concur with MAHONEY, J.; CASEY and MERCURE, JJ., concur in part and dissent in part in a separate opinion by CASEY, J.


MAHONEY, J.

At issue in this appeal is the propriety of the attorney fee award issued by County Court to a duly appointed Special District Attorney. A review of the record establishes that following disqualification of the District Attorney and the initially appointed Special District Attorney, petitioner was designated by County Court on June 20, 1989 as Special District Attorney pursuant to County Law §...

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