Morgenthau v. Altman

—Application pursuant to CPLR article 78 for a writ of prohibition is granted, and the order of Supreme Court, New York County (Herbert I. Altman, J.), entered on or about February 27, 1994, disqualifying the Assistant District Attorney from prosecuting the case, annulled, without costs.

The respondent IAS Court erred in granting respondent-defendant’s pre-trial motion to disqualify petitioner’s Assistant District Attorney. Contrary to the Court of Appeals’ holding in People v Paperno (54 NY2d 294, 296, 303), the motion was granted despite the absence of "a significant showing that the…