New York Court of Appeals
In the Matter of Kerrie L. Haggerty v. Larry M. Himelein, as Cattaraugus County…
February 6, 199789 N.Y.2d 431
Summary
The New York Court of Appeals reversed the Appellate Division and dismissed the petition for a writ of prohibition, holding that the Attorney‑General’s assistance to the County District Attorney without a superseder order did not constitute a jurisdictional defect and that prohibition was unavailable because no ultra vires prosecutorial action was shown; the Court also held that residency requirements for Assistant District Attorney appointments are not jurisdictional.