Kavanagh v. Vogt

Levine, J. (dissenting). Since I view this case as indistinguishable in principle from Matter of Wilcox v Dwyer (73 AD2d 1016) where prohibition via CPLR article 78 was held to lie, I would grant the petition. In the instant case, the disqualification is founded upon a possible conflict of interest arising out of the prior representation of defendants in nine criminal cases at preliminary stages by a lawyer who later was a member of the District Attorney’s staff for a matter of days, a ruling the majority correctly concludes was based upon a misreading and erroneous extension of People v…