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MATTER OF RICE

XXXX.

31 Misc.3d 838 (2011)

In the Matter of KATHLEEN M. RICE, District Attorney of Nassau County, for Appointment of a Special District Attorney.

Supreme Court, Nassau County.

Decided February 24, 2011.

Attorney(s) appearing for the Case

Kathleen M. Rice , District Attorney ( Albert Teichman , Meg Reiss and Robert A. Schwartz of counsel), applicant pro se.

OPINION OF THE COURT

WILLIAM C. DONNINO, J.

The District Attorney has applied for the appointment of a special district attorney pursuant to County Law § 701. Given the asserted grounds for that application, the court does not have the authority under that statute to appoint a special district attorney. Accordingly, the application must be denied. The authority to supersede a district attorney on the grounds set forth in this application rests with...

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