Opinion
March 8, 1991
Appeal from the Supreme Court, Oneida County, Parker, J.
Present — Doerr, J.P., Green, Pine, Lawton and Davis, JJ.
Judgment affirmed without costs. Memorandum: Under the circumstances of this case, Supreme Court correctly dismissed the proceeding seeking a writ of prohibition (see, Matter of McGinley v Hynes, 51 N.Y.2d 116, cert denied 450 U.S. 918; Matter of Forte v Supreme Ct., 48 N.Y.2d 179, 183-185). We note, however, that the reappointment of Michael Daley as an Assistant District Attorney for Oneida County in 1990 violated Public Officers Law § 3 because Daley changed his residence to Herkimer County in October, 1989 (see, 1965 Atty Gen [Inf Opns] 84). We conclude, however, that any challenge to the right of Michael Daley to hold the office of Assistant District Attorney of Oneida County may be made in an appropriate proceeding (see, Matter of City of Mount Vernon v State of N.Y. Bd. of Equalization Assessment, 92 A.D.2d 985, 988, lv denied 59 N.Y.2d 606).
All concur. Lawton, J., concurs in result only.