MONTICELLO – A Sullivan County judge’s harsh criticism of the veteran district attorney – a longtime political enemy – has sparked an unusual battle where the prosecutor is pondering a defamation action for comments the judge made in a decision.

Normally, a judge’s written opinion will not expose him or her to a libel action. However, in this case, Sullivan County District Attorney Stephen F. Lungen said the judge’s comments are so defamatory and so inconsistent with the facts that the law should provide a remedy. Mr. Lungen last week wrote to Sullivan County Judge Frank J. LaBuda asking the judge to edit a decision he recently wrote in People v. Caruso, 179-01.

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