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KINGS POINT GATE v. AROCHE

192 Misc.2d 45 (2002)

744 N.Y.S.2d 816

KINGS POINT GATE, LLC, Petitioner, v. MARIA T. AROCHE et al., Respondents.

District Court of Nassau County, First District.

May 30, 2002.

Attorney(s) appearing for the Case

Gutman, Mintz, Baker & Sonnenfeldt, P.C., New Hyde Park, for petitioner.

Fred Pollack, Mineola, for Maria T. Aroche, respondent.

OPINION OF THE COURT

KENNETH L. GARTNER, J.

Petitioner moves for an order disqualifying respondent's attorney. Petitioner's motion is based solely upon the ground that the attorney holds public office—as a Town Councilman—in the same county where this matter is pending. Petitioner claims that the Code of Professional Responsibility prohibits, per se, representation as an attorney of any private client by any public official holding...

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