By the Publisher’s Editorial Staff
AM JUR 2d Prosecuting Attorneys §§ 19, 20.
CARMODY-WAIT 2d Conduct of Trial, in General § 190:49.
NY JUR 2d Counties, Towns, and Municipal Corporations
§ 734.
ANNOTATION REFERENCE
See ALR Index under Delegation of Powers; Prosecuting
Attorneys.
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Query: ‘‘district attorney’’ /4 delegat! & ‘‘police depart-
ment’’
186 58 MISCELLANEOUS REPORTS, 3d SERIES
APPEARANCES OF COUNSEL
Cyrus R. Vance, Jr., District Attorney, New York City (Patri-
cia J. Bailey of counsel), for Cyrus R. Vance, Jr., respondent-
defendant.
Zachary W. Carter, Corporation Counsel, New York City
(Adam Moss of counsel), for City of New York and another,
respondents-defendants.
Martin R. Stolar, New York City, Gideon Orion Oliver, New
York City, Elena L. Cohen, New York City, and Jonathan Wal-
lace, Amagansett, for petitioners-plaintiffs.
OPINION OF THE COURT
LUCY BILLINGS, J.
Respondent Vance, New York County District Attorney,
moves to dismiss this hybrid action and proceeding against
him based on another action pending seeking the same relief
and based on petitioners’ failure to allege a claim entitling
petitioners to relief in this proceeding. (CPLR 3211 [a] [4], [7].)
Respondents City of New York and New York City Police
Department separately move to dismiss petitioners’ claims
against these respondents on the same grounds and also based
on the court’s lack of subject matter jurisdiction over petition-
ers’ claims. (CPLR 3211 [a] [2].) In this proceeding as well as in
pending criminal prosecutions against petitioners, they seek to
prohibit the District Attorney from delegating his prosecutorial