Johnson v. Collins

—Petition, pursuant *69to CPLR article 78, in the nature of prohibition, which seeks to prohibit enforcement of an order by respondent, Honorable John Collins, appointing Eric Seiff, Esq. as Special District Attorney pursuant to County Law § 701, and to enjoin said Special District Attorney from undertaking any duties in respect of his appointed capacity, unanimously granted, and the order vacated, without costs. The motion (denominated cross motion) to dismiss the petition on the ground that it fails to state a basis upon which relief may be granted is denied, without costs.

This matter arises…