(DOWNLOAD) "Matter Charles E. Schumer v. Elizabeth Holtzman" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Charles E. Schumer v. Elizabeth Holtzman
- Author : Court of Appeals of New York
- Release Date : January 15, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
In this article 78 proceeding, petitioner challenges the appointment by respondent Holtzman, the District Attorney of Kings County, of respondent Trager, Dean of Brooklyn Law School, as a special prosecutor to investigate and prosecute him for alleged criminal activities arising from his 1980 election as a member of Congress. Special Term held that the appointment was void and it also declared that respondent Holtzman was disqualified from proceeding against petitioner. The Appellate Division agreed that the appointment was void but it found that respondent Holtzman was not disqualified and modified the judgment by striking Special Terms contrary finding that she was. On the parties cross appeals, we hold that petitioner may maintain this article 78 proceeding, that the written agreement between respondents formalizing respondent Tragers appointment is void, and that his appointment pursuant to it is invalid. We further hold that the courts below erred in considering and determining the disqualification issue.