A special district attorney appointed to investigate the Working Families Party's involvement in a 2009 City Council race on Staten Island has been given the green light to continue his probe. The Appellate Division, Second Department, on Wednesday rejected the party's claim that Richmond County District Attorney Daniel Donovan was improperly replaced by attorney Roger Bennett Adler. Donovan was removed from the case at his own request for reasons that remain under seal and Adler was appointed special district attorney by Deputy Chief Administrative Judge Fern Fisher (See Profile).
After Adler issued subpoenas to the treasurer and secretary of the Working Families Party in January, the party began an Article 78 proceeding arguing that Donovan had not demonstrated he should be disqualified and Fisher lacked authority to appoint a special district attorney because she is not a Staten Island judge.
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