Legal Opinion

Harvey v. County of Rensselaer

New York Court of Appeals

Decided June 9, 1994PublishedCited by 10 opinions

1Opinion of the Court

*918OPINION OF THE COURT

Memorandum.

The Appellate Division order, insofar as appealed from, should be reversed, with costs, and the matter remitted to County Court for recalculation of compensation due petitioner.

When a District Attorney is disqualified from conducting an investigation or prosecution, County Law § 701 authorizes appointment of a Special District Attorney. Once appointed, the Special District Attorney possesses all the powers, and must discharge all the duties, of the District Attorney as to that matter (County Law § 701 [4]).

The District Attorney has only limited power, however,…

2Cases cited2 opinions

  1. People v. LeahyNew York Court of Appeals · 1988
  2. Matter of KnightNew York Court of Appeals · 1908

3Cited by10 opinions

  1. Matter of Dir.(bodek)New York Court of Appeals · 1995
  2. Goehler v. Cortland CountyAppellate Division of the Supreme Court of the State of New York · 2009
  3. Quill v. Cathedral Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Rourke v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1997
  5. Levenson v. LippmanAppellate Division of the Supreme Court of the State of New York · 2004

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