STATE OF NY. v. PHILIP B

2566/2012.

37 Misc.3d 1042 (2012)

954 N.Y.S.2d 425

2012 NY Slip Op 22306

In the Matter of STATE OF NEW YORK, Petitioner, v. PHILIP B., an Inmate in the Custody of the New York State Department of Corrections and Community Supervision, for Civil Management Pursuant to Mental Hygiene Law Article 10, Respondent.

Supreme Court, Dutchess County.

October 24, 2012.


Attorney(s) appearing for the Case

Mental Hygiene Legal Service, Poughkeepsie ( Eugenia Brennan Heslin of counsel), for respondent.

Eric T Schneiderman , Attorney General, ( Robert J. Conflitti of counsel), for petitioner.


OPINION OF THE COURT

CHRISTINE A. SPROAT, J.

Respondent Philip B. moves for an order disqualifying the New York State Attorney General's Office from representing the petitioner in this proceeding on the ground that such representation is improper and precluded because an assistant attorney general was the respondent's defense attorney in an underlying criminal prosecution.

It is hereby ordered that the respondent Philip B.'s motion for disqualification...

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