Appellate Division of the Supreme Court of the State of New York July 6, 2007 (McNamara v. Tormey)

*972Proceeding pursuant to CPLR article 78 (initiated in the Appellate Division of the Supreme Court in the Fourth Judicial Department pursuant to CPLR 506 [b] [1]) to vacate a second amended modified order, dated April 18, 2007, appointing a special district attorney to prosecute respondent Gerald R. Dion, Jr.