Legal Opinion

Hynes v. Demarest

Appellate Division of the Supreme Court of the State of New York

Decided March 28, 1994PublishedCited by 3 opinions

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 in the nature of a writ of prohibition to bar the respondents from enforcing an order of the respondent Carolyn Demarest, a Justice of the Supreme Court, dated January 4, 1994, which disqualified his office from conducting the prosecution of the respondent Lawson Walters and directed that a Special District Attorney be appointed.

Adjudged that the petition is granted, on the law, without costs or disbursements, the respondents are prohibited from enforcing the order disqualifying the office of the petitioner District Attorney, Kings County, from…

2Cases cited2 opinions

  1. Schumer v. HoltzmanNew York Court of Appeals · 1983
  2. Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by3 opinions

  1. People v. NelsonCriminal Court of the City of New York · 1995
  2. McTootle v. RiceAppellate Division of the Supreme Court of the State of New York · 2009
  3. Mullaney v. BrownAppellate Division of the Supreme Court of the State of New York · 2002

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