The effect of the First Department’s decision is that a seven-count indictment against the defendant, based in part on him allegedly forging deeds and using them as exhibits in real property actions as part of a fraud scheme targeting the elderly, has been dismissed.
November 22, 2022 at 05:57 PM
6 minute read
Staff reporter
The original version of this story was published on New York Law Journal
Addressing an issue of first impression, the Appellate Division, First Department court has ruled that the state court system cannot validly refer to the New York Attorney General’s Office a criminal matter for prosecution under applicable state Executive Law § 63(3).
A valid referral must come from an executive branch agency only, the court said.
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Appellate Division, First Department at 27 Madison Ave. Photo: Ryland West/ALM
