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Kavanagh v. Vogt

444 N.E.2d 991, 58 N.Y.2d 678, 458 N.Y.S.2d 527, 1982 N.Y. LEXIS 3906
CourtNew York Court of Appeals
DecidedNovember 18, 1982
StatusPublished
Cited by18 cases

This text of 444 N.E.2d 991 (Kavanagh v. Vogt) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kavanagh v. Vogt, 444 N.E.2d 991, 58 N.Y.2d 678, 458 N.Y.S.2d 527, 1982 N.Y. LEXIS 3906 (N.Y. 1982).

Opinion

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be affirmed. The Appellate Division properly determined that the extraordinary remedy of prohibition does not lie unless [679]*679a court acts in excess of its jurisdiction or its authorized powers (La Rocca v Lane, 37 NY2d 575, cert den 424 US 968). The County Court did not exceed its jurisdiction or its authorized powers in disqualifying the petitioner, a District Attorney, and his staff from prosecuting certain indictments due to a conflict of interest created by the presence of a former Assistant Public Defender in that office (see People v Shinkle, 51 NY2d 417). Whether disqualification was warranted pursuant to People v Shinkle (supra) in this particular case is a question of law not re viewable by way of prohibition.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), judgment affirmed, without costs, in a memorandum.

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Bluebook (online)
444 N.E.2d 991, 58 N.Y.2d 678, 458 N.Y.S.2d 527, 1982 N.Y. LEXIS 3906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kavanagh-v-vogt-ny-1982.