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MTR OF WORKING v. FISHER

No. 59

23 N.Y.3d 539 (2014)

15 N.E.3d 1181

992 N.Y.S.2d 172

2014 NY Slip Op 4116

In the Matter of WORKING FAMILIES PARTY, Appellant, v. FERN A. FISHER, Deputy Chief Administrative Judge for New York City Courts, et al., Respondents.

Court of Appeals of New York.

Decided June 10, 2014.

Attorney(s) appearing for the Case

Dentons US LLP, New York City ( Avi Schick , Richard M. Zuckerman and Kiran Patel of counsel), for appellant.

John W. McConnell , New York State Office of Court Administration, New York City ( Lee Alan Adlerstein and Antonio Galvao of counsel), for Fern A. Fisher and another, respondents.

Daniel M. Donovan, Jr., Staten Island, pro se, and Morrie I. Kleinbart , for Daniel M. Donovan, Jr., respondent.

Wendy Evans Lehmann , New York Prosecutors' Training Institute, Albany, and Kathleen M. Rice , District Attorney, Albany, for District Attorneys Association of the State of New York, amicus curiae.

OPINION OF THE COURT

Per Curiam.

This CPLR article 78 proceeding in the nature of prohibition was brought to challenge an order relieving a district attorney at his own request, and appointing a special district attorney to conduct an investigation in his place. The Appellate Division dismissed the proceeding on the ground that prohibition was not an appropriate remedy. We disagree and reach the merits of...

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