In Matter of Schumer v. Holtzman, 60 NY2d 46 [1983]) the Court of Appeals declined to reach the issue of whether a District Attorney should be disqualified on the basis of prior political differences with the subject of the investigation. In that case, Elizabeth Holtzman, the Kings County District Attorney, had previously been the holder of the congressional seat to which Charles Schumer had been elected. Newspaper articles appeared concerning Schumer's allegedly improper use of public employees in his campaign. Holtzman, concerned that she might be accused of bias because of past political differences with Schumer and that some of her former congressional staff might be witnesses, decided to appoint a "Special Assistant District Attorney" with broad powers to control the investigation and prosecution. The trial court held that the appointment was void and that Holtzman was disqualified. The Appellate Division, while agreeing the appointment was void, held that Holtzman was not disqualified. The Court of Appeals ruled the appointment was void but also held that the lower courts should not have reached the issue of disqualification. The Court stated: "The embarrassment of respondent Holtzman or the fact that she may be accused of a vendetta because of prior political differences are considerations which she must weigh in either proceeding with the matter herself or moving for the judicial appointment of a special prosecutor. They are not reviewable by the court in this proceeding, however, merely because the District Attorney has publicly expressed some anxiety over a possible appearance of impropriety. Similarly, it is not now apparent that her former employees will be implicated in the investigation, thus possibly forcing her to take inconsistent positions, or if so, whether the inconsistency would be disabling" (Matter of Schumer v. Holtzman, 60 NY2d at 55-56).