Plaintiff wife's first cause of action, in which she sought defendant husband's imprisonment and a fine for his alleged perjury, failed to state a cause of action, since it is the district attorney who generally retains sole authority to prosecute such criminal activity (see County Law § 700; Della Pietra v State of New York,
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KINBERG v. KINBERG
48 A.D.3d 387 (2008)
853 N.Y.S.2d 27
SARA KINBERG, Appellant, v. YORAM KINBERG, Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided February 28, 2008.
Decided February 28, 2008.
Appellate Division of the Supreme Court of the State of New York, First Department.
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