Rivette v. McGrath

Proceeding pursuant to CPLR article 78 (initiated in this Court pursuant to CPLR 506 [b] [1]) to prohibit respondent Rensselaer County Judge from enforcing an order appointing respondent Peter J. Moschetti, Jr. as special prosecutor in a criminal action against petitioner.

Petitioner commenced this CPLR article 78 proceeding in the nature of prohibition, claiming that respondent Rensselaer County Judge (hereinafter respondent) acted in excess of his authority in appointing a special prosecutor to represent the People in a criminal matter against him. Petitioner has already been convicted of…