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MATTER OF PETTUS v. DISTRICT ATTORNEY, NEW YORK COUNTY

508405

76 A.D.3d 1153 (2010)

907 N.Y.S.2d 721

In the Matter of JAMES PETTUS, Appellant, v. DISTRICT ATTORNEY, NEW YORK COUNTY, Respondent, and ANDREW M. CUOMO, as Attorney General, Respondent.

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

Decided September 30, 2010.

Petitioner was convicted of various offenses in New York County. He then commenced this CPLR article 78 proceeding, seeking to compel the appointment of a special prosecutor to investigate improper actions allegedly undertaken by the prosecutor in the criminal case. Respondent Attorney General moved to dismiss the petition and petitioner moved for a default judgment against respondent District Attorney of New York County. Supreme Court not only granted the Attorney General...

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