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Mottola v. Cirello2/4/2002
tigation, no law precluded the AG from engaging or working with private counsel to assist with his representation of the state. Therefore, I would deny certiorari and affirm the motion justice's order requiring the AG to enter an appearance in this case, but I would grant certiorari and quash that portion of the order, inter alia, requiring private counsel to withdraw. Although ultimately such an order may prove necessary, I believe it was premature for the motion justice to mandate such a withdrawal at this time. Nevertheless, the Superior Court should not allow private counsel to control or subvert the AG's representation of the state in this case.
Flanders, J. Concurrence and Dissent
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