From Casetext: Smarter Legal Research

Matter of Russell v. Clute

Appellate Division of the Supreme Court of New York, Third Department
Dec 28, 1995
222 A.D.2d 980 (N.Y. App. Div. 1995)

Opinion

December 28, 1995


Petitioner William E. Russell is an attorney with offices in the Village of Keesville, Essex County. In 1992, Russell hired Michael McCormick as an associate. Thereafter, McCormick's wife, Catherine Paul, was hired by the Clinton County District Attorney's Office as an Assistant District Attorney. In 1994, petitioner Frank L. Lovely, Jr. retained Russell to represent him in the Town of Plattsburgh Justice Court, in Clinton County, on charges of driving while ability impaired and speeding. Believing that the spousal relationship between McCormick and Paul created a conflict of interest, respondent District Attorney made a motion to disqualify Russell from representing Lovely or any other criminal defendant in the courts of Clinton County. Respondent Clinton County Judge granted the motion, and petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to prohibit County Court from enforcing its order.

Petitioners urge that County Court acted without or in excess of its jurisdiction when it entertained and granted the motion to disqualify Russell. We agree. County Court is a court of limited jurisdiction and may act only as provided by the provisions of the N Y Constitution or by act of the Legislature within the limitations of the Constitution ( see, N Y Const, art VI, § 11; People ex rel. Dold v Martin, 284 App. Div. 127, 130). Respondents urge that the Legislature granted County Court power to act in preliminary matters in a local criminal court matter, which is true ( see, CPL 10.10 [g]). However, in that regard the Legislature has limited such matters to conducting arraignments and issuing warrants of arrest and search warrants ( see, CPL 10.20 [a]-[c]). Inasmuch as County Court's action in the case at bar did not fall within any of the enumerated circumstances under which it could sit as a local criminal court, it was without jurisdiction to act as it did.

Cardona, P.J., Mikoll, Peters and Spain, JJ., concur. Adjudged that the petition is granted to the extent that respondent Clinton County Judge is prohibited from disqualifying petitioner William E. Russell from representing petitioner Frank L. Lovely, Jr.


Summaries of

Matter of Russell v. Clute

Appellate Division of the Supreme Court of New York, Third Department
Dec 28, 1995
222 A.D.2d 980 (N.Y. App. Div. 1995)
Case details for

Matter of Russell v. Clute

Case Details

Full title:In the Matter of WILLIAM E. RUSSELL et al., Petitioners, v. PENELOPE D…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 28, 1995

Citations

222 A.D.2d 980 (N.Y. App. Div. 1995)
636 N.Y.S.2d 427

Citing Cases

People v. Turza

In effect, CPL 210.05 procedurally bars prosecutions in the superior courts by means of a local criminal…

People v. Turza

"Superior court" is defined as the Supreme Court or a County Court ( see CPL 10.10). The County Court is a…