Brown v. Golia

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David Golia Paladin v. Frank Finnerty, Chief Counsel Lawton Squires, Assistant Counsel Ruthann Geary, Assistant Counsel Catherine T. England, Chairwoman for the Second Judicial Department's 10th Judicial District, in Their Official and Individual Capacities, and in Their Successors in Interest Victor Levin and Michael F. Sperendi, Former Chairmen of the Committee on Grievances, Bar Association of Nassau County, New York, Inc., in Their Official and Individual Capacities, and in Their Successors in Interest Robert H. Straus, Chief Counsel, New York State Grievance Committee for the Second Judicial Department's 10th and 11th Judicial Districts, in His Official and Individual Capacity and in His Successor in Interest Gary Casella, Chief Counsel for the New York State Grievance Committee for the Second Judicial Department's 9th Judicial District, in His Official and Individual Capacity and in His Successor in Interest Honorable Guy J. Mangano, Presiding Justice in His Capacity as Chief Administrative Officer of the Second Judicial Department, in His Individual and Official Capacity and in His Successor in Interest Mark Ochs, Chief Attorney, Committee on Professional Standards for the Third Judicial Department, in His Individual and Official Capacity and in His Successor in Interest Honorable A. Franklin Mahoney, Presiding Justice in His Capacity as Chief Administrative Officer of the Third Judicial Department in His Official and Individual Capacity and in His Successor in Interest Gerald Larusso, Chief Attorney, Attorney Grievance Committee for the Fourth Judicial Department, in Both His Official and Individual Capacity and in His Successor in Interest Honorable John Callahan, Acting Presiding Justice in His Capacity as Chief Administrative Officer of the Fourth Judicial Department, in His Official and Individual Capacity and in His Successor in Interest Hal R. Lieberman, Chief Counsel, Department Disciplinary Committee for the First Judicial Department, in His Official and Individual Capacity and in His Successor in Interest Honorable Francis T. Murphy, Presiding Justice in His Capacity as Chief Administrative Officer of the First Judicial Department, in His Official and Individual Capacity and in His Successor in Interest Matthew T. Crosson, Chief Administrator of the Courts for the State of New York ("Office of Court Administration" or "Oca"), in His Official and Individual Capacity and in His Successors in Interest
Gonzalez v. Golia
In Re Golia

—Proceeding pursuant to CPLR article 78 in the nature of prohibition to enjoin the respondent Joseph G. Golia, a Justice of the Supreme Court, from enforcing so much of an order of the Supreme Court, Queens County, dated January 31, 1995, as directs the *417petitioner, the District Attorney of Queens County, to conduct a retention hearing pursuant to CPL 730.50 and to transport the respondent Tatiana B., a defendant in a criminal action pending in the Supreme Court, Queens County, under Indictment No. 182/89, to that hearing.

Adjudged that the petition is granted, on the law, without costs or disbursements, and the respondent is enjoined from enforcing the order dated January 31,1995, insofar as it directs the District Attorney of Queens County to conduct a retention hearing pursuant to CPL 730.50 and to transport the respondent Tatiana B. to the hearing.

It is clear from the language of CPL 730.50 (2) that the District Attorney is not a proper party to a retention hearing and that such a hearing must be conducted by the court that issued the temporary order of commitment (cf., People v Pasternack, 113 Misc 2d 317). Justice Golia exceeded his authority when he ordered the District Attorney to conduct a retention hearing and to transport the respondent Tatiana B. to the hearing (see generally, Matter of Holtzman v Hellenbrand, 130 AD2d 749). Therefore, the petition must be granted. Thompson, J. P., Friedmann, Krausman and Florio, JJ., concur.