Narrative Opinion Summary
Proceeding under CPLR article 78, the court addressed a request to prohibit the enforcement of an order from the Supreme Court, Suffolk County, which had appointed a Special District Attorney. The court dismissed the proceeding without costs, noting that the original order from October 25, 1994, appointing Nassau County District Attorney Denis Dillon as Special District Attorney, was subsequently vacated by Justice Mullen on November 15, 1994. Consequently, the petition to prohibit enforcement of the vacated order was deemed academic. Additionally, any further relief sought by the petitioner is superseded by a later CPLR article 78 proceeding initiated by the petitioner. The decision was made with the concurrence of Judges Mangano, Sullivan, Balletta, Rosenblatt, and Miller.
Legal Issues Addressed
Dismissal of Proceedings Without Costssubscribe to see similar legal issues
Application: The court dismissed the proceeding without imposing costs on either party.
Reasoning: The court dismissed the proceeding without costs, noting that the original order from October 25, 1994, appointing Nassau County District Attorney Denis Dillon as Special District Attorney, was subsequently vacated by Justice Mullen on November 15, 1994.
Effect of Subsequent Proceedingssubscribe to see similar legal issues
Application: The court noted that any further relief sought by the petitioner is addressed by a subsequent proceeding initiated under CPLR article 78.
Reasoning: Additionally, any further relief sought by the petitioner is superseded by a later CPLR article 78 proceeding initiated by the petitioner.
Mootness in Judicial Proceedingssubscribe to see similar legal issues
Application: The court determined that the petition to prohibit the enforcement of the order was moot because the order had already been vacated.
Reasoning: Consequently, the petition to prohibit enforcement of the vacated order was deemed academic.