- Associated Press - Tuesday, April 29, 2014

ALBANY, N.Y. (AP) - The Working Families Party is urging New York’s highest court to reject the special prosecutor investigating possible 2009 violations in the City Council election on Staten Island.

Attorney Avi Schick tells the Court of Appeals there’s no demonstrated basis for District Attorney Dan Donovan to disqualify himself and request the substitute who last year served subpoenas on two party officials.

Schick says Donovan must show prejudice from a conflict of interest, which isn’t evident from his confidential request in 2010.

Assistant District Attorney Morrie Kleinbart says the party’s suit to overturn Roger Bennet Adler’s appointment is premature until there are criminal charges.

Some top court judges questioned whether it will soon be too late to prosecute anyone for actions in 2009 and also criticized the secrecy of the appointment process.

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