Dillon v. Kowtna

—Proceeding pursuant to CPLR article 78 to prohibit the respondent Paul E. Kowtna, Judge of the County Court, Nassau County, from enforcing an order dated February 4, 2000, which granted a motion by the respondent Michael Fortin to disqualify Assistant District Attorney Robert Biancavilla from representing the petitioner in a criminal action entitled People v Fortin under Nassau County Indictment No. 2111N-99.

Adjudged that the petition is granted, without costs or disbursements, and the respondents are prohibited from enforcing the order dated February 4, 2000.

As a general rule, a court…