Legal Opinion

Soares v. Herrick

New York Court of Appeals

Decided November 27, 2012PublishedCited by 36 opinions

1Opinion of the Court

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 to pursue the case. We hold that respondent exceeded his statutory authority and that the Appellate Division’s decision to issue a writ of…

2Cases cited10 opinions

  1. La Rocca v. LaneNew York Court of Appeals · 1975
  2. Dondi v. JonesNew York Court of Appeals · 1976
  3. Schumer v. HoltzmanNew York Court of Appeals · 1983
  4. Morgenthau v. ErlbaumNew York Court of Appeals · 1983
  5. People v. LeahyNew York Court of Appeals · 1988

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3Cited by36 opinions

  1. Doorley v. DeMarcoAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Jackson v. FischerAppellate Division of the Supreme Court of the State of New York · 2015
  3. Working Families Party v. FisherNew York Court of Appeals · 2014
  4. Donnaruma v. CarterNew York Supreme Court · 2013
  5. People v. DragoAppellate Division of the Supreme Court of the State of New York · 2022

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