In the Matter of Charles E. Schumer, Appellant-Respondent v. Elizabeth Holtzman, as District Attorney of Kings County

Summary

The New York Court of Appeals affirmed the lower courts' order allowing the article 78 proceeding to proceed, held that the written memorandum appointing Trager as a special assistant district attorney was void and his appointment invalid, and reversed the lower courts' determination that District Attorney Holtzman was not disqualified, striking that finding as premature and non‑justiciable. The court also affirmed that prohibition is an appropriate remedy to void an ultra vires appointment by a district attorney.