Czajka v. Koweek
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondent County Judge of Columbia County from enforcing an order which, among other things, disqualified petitioner and his staff from further prosecuting a criminal case against respondent Nicholas Fox and appointed a special district attorney.
A defendant in a criminal case should not find himself or herself in the unenviable position of being prosecuted by the former judge who had earlier presided over the case. Judiciary Law § 17 bars such a practice and petitioner’s application…
2Cases cited11 opinions
- Schumer v. HoltzmanNew York Court of Appeals · 1983
- Silver v. PatakiNew York Court of Appeals · 2001
- Schmitt v. SkoviraAppellate Division of the Supreme Court of the State of New York · 2008
- Home Savings of America v. GkaniosAppellate Division of the Supreme Court of the State of New York · 1996
- Schermerhorn v. BeckerAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by6 opinions
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DonnarumaCity of New York Municipal Court · 2012
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- Rhoades v. Westchester County Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SimmonsAppellate Division of the Supreme Court of the State of New York · 2013
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