1. Home
  2. Browse Decisions
  3. N.Y.3d
  4. 20 N.Y.3d
  5. 20 N.Y.3d 139 (2012)
 

MTR OF SOARES v. HERRICK

No. 198.

20 N.Y.3d 139 (2012)

981 N.E.2d 260

2012 NY Slip Op 8055

In the Matter of P. DAVID SOARES, as District Attorney of Albany County, Respondent, v. STEPHEN W. HERRICK, as Judge of the County Court of Albany County, Respondent, and NAOMI LOOMIS et al., Appellants.

Court of Appeals of New York.

Decided November 27, 2012.

Attorney(s) appearing for the Case

Dreyer Boyajian LLP, Albany ( William J. Dreyer of counsel), for Naomi Loomis and another, appellants.

E. Stewart Jones, PLLC, Troy ( James C. Knox of counsel), for Kenneth Michael Loomis and others, appellants.

Christopher D. Horn , Albany, for respondent.

Cyrus R. Vance, Jr. , District Attorney, Kew Gardens ( Edward D. Saslaw of counsel), and Morrie I. Kleinbart , Staten Island, for District Attorneys Association of the State of New York, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH and PIGOTT concur.

OPINION OF THE COURT

CIPARICK, J.

In this appeal, we are called upon to determine whether respondent Judge of Albany County Court exceeded his authority under County Law § 701 when he disqualified petitioner District Attorney of Albany County and his staff from prosecuting a case against respondents Naomi Loomis, Robert Loomis, Kenneth Michael Loomis, Kirk Calvert and Tony Palladino (collectively the defendants) and appointed a special district attorney...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases