MATTER OF JOHNSON v. Pataki

Since this action is moot, the appeal should be dismissed and the orders of the Appellate Division and Supreme Court should be vacated. While I believe the merits should not be reached, I address them only because the majority has chosen to do so. In that respect, the issue is not whether a Governor can supersede a District Attorney in a proper case. It is clear that he can. Rather, the issue is whether the Governor properly superseded the District Attorney in this case. I believe that he did not. First, I cannot agree that supersession is proper here without setting forth the limits of the…