Relin v. Celli

— Petition unanimously granted without costs and order appointing Special Prosecutor vacated. Memorandum: In this CPLR article 78 proceeding, the District Attorney of Monroe County, Howard Relin, seeks a judgment in the nature of prohibition to restrain enforcement of an order issued on May 15, 1987 by respondent, Monroe County Court Judge Andrew G. Celli. That order disqualified petitioner from prosecuting Michael Putnam, against whom charges were pending, on the ground that Putnam was a possible prosecution witness in another criminal case.

A District Attorney is not disqualified from…