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MATTER OF HARVEY v. COUNTY OF RENSSELAER

83 N.Y.2d 917 (1994)

638 N.E.2d 949

615 N.Y.S.2d 304

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

Court of Appeals of the State of New York.

Decided June 9, 1994.

Attorney(s) appearing for the Case

Robert A. Smith, County Attorney, of Rensselaer County, Troy, for appellant.

Harvey and Harvey, Harvey & Mumford, Albany (Eva Lynn M. Hayko, Jonathan P. Harvey and John J. Cavanaugh, Jr., of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and CIPARICK concur; Judge LEVINE taking no part.

MEMORANDUM.

The Appellate Division order, insofar as appealed from, should be reversed, with costs, and the matter remitted to County Court for recalculation of compensation due petitioner.

When a District Attorney is disqualified from conducting an investigation or prosecution, County Law § 701 authorizes appointment of a Special District Attorney. Once appointed, the Special District Attorney possesses all...

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