The Working Families Party is asking the New York Court of Appeals to decide whether the “actual prejudice” standard necessary to disqualify a district attorney from a case is equally applicable when the prosecutor himself seeks to be replaced.
In a motion for leave filed Sept. 24, the party asked the high court to review a decision by the Appellate Division, Second Department (NYLJ, Aug. 8), that allowed a special district attorney to continue his probe of a 2009 City Council race on Staten Island.
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