SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND DEPARTMENT In the Matter of the Application of RICHARD A. BROWN, District Attomey of Queens County, Petitioner, NOTICE : OF For a Judgment in the Nature of Prohibition under PETITION Article 78 of the Civil Practice Law and Rules, -against- AD.# ‘The Honorable JOEL L. BLUMENFELD, Acting Justice, Supreme Court of the State of New York; ELISAUL PEREZ, named as Defendant in Queens County Indictment Number 1202/2009, Respondents. x PLEASE TAKE NOTICE, that upon the annexed verified petition and memorandum of law, the undersigned will move this Court, on the 15" day of October, 2010, at a term of this Court to be held at the Courthouse located at 45 Monroe Place, Brooklyn, ‘New York, at 9:30 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard for an order pursuant to Article 78 of the Civil Practice Law and Rules, prohibiting Judge Blumenfeld, on the suppression motion pending before him: (1) from considering the Report of Prof. Ellen Yaroshefsky, which was solicited as “expert advice” by Judge Blumenfeld, and which opined that the District Attomey’s Central Booking Interview Program violated numerous provisions of the Rules of Professional Conduct; (2) from ruling on the question of whether the District Attorney violated a Disciplinary Rule, where this issue is neither cognizable nor relevant to the question pendingbefore him under section 60.45, and is outside of his jurisdiction; and (3) from enforcing that part of his oral and written August 12, 2010 interim order denying the People’s motion to strike Prof. Yaroshefsky’s report from the public record of the case of People v. Elisaul Perez, and directing briefing and consideration of whether the People had violated a Disciplinary Rule. And for such other and further relief as to this Court may seem appropriate Respectfully submitted, RICHARD A. BROWN District Attorney Queens County TO: The Honorable Joel L. Blumenfeld Acting Justice of the Supreme Court Queens County, Criminal Term, Part K-23 125-01 Queens Boulevard Kew Gardens, NY 11415 ‘The New York State Attamey General's Office Attention: Managing Attorney's Office 24" Floor 120 Broadway New York, NY 10271 Warren M. Silverman, Esq. Attorney for Elisaul Perez 47-03 Bell Boulevard Bayside, New York 11361SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND DEPARTMENT In the Matter of the Application of RICHARD A. BROWN, District Attomey of Queens County, Petitioner, VERIFIED PETITION For a Judgment in the Nature of Prohibition under Article 78 of the Civil Practice Law and Rules, -against- AD. # The Honorable JOEL L. BLUMENFELD, Acting Justice, Supreme Court of the State of New York; ELISAUL PEREZ, named as Defendant in Queens County Indictment Number 1202/2009, Respondents. STATE OF NEW YORK. ) ) ss. COUNTY OF QUEENS) DONNA ALDEA, an attorney admitted to practice law in the State of New York, and an Assistant District Attomey, of counsel to Richard A. Brown, District Attorney of Queens County, deposes and states the following upon information and belief: PRELIMINARY STATEMEN’ 1. This petition is for a writ of probibition, under the authority of Article 78 of the Civil Practice Law and Rules, enjoining Acting Justice Joel L. Blumenfeld, in connection with a suppression motion pending before him in People v. Perez, Queens County Indictment Number 1202/09, (1) from considering the Report of Prof. Ellen Yaroshefsky, which was solicited as “expert advice” by Judge Blumenfeld, and opined that the District Attorney's Queens Central Booking Interview Program (“CBQ Program”) violated numerous