The request to transfer judges was made by Assistant Attorney General Robert C. Glennon, based in Plattsburgh, a previous executive director for the APA, and Assistant Attorney General Loretta Simon in Albany.

In arguments filed Wednesday, Privitera called the motion to change courts "judge shopping."

"The only possible reason that the agency (attorney general) could have for fighting so vehemently to transfer these procedurally infant actions to Justice Ryan is that it is displeased with the fact that the Lewis Family Farm was sent to Justice Meyer with its order to show cause after Justice Dawson recused himself, and it is further displeased with the stay issued by this court on April 11, 2008 (Hon. Richard B. Meyer). Accordingly, this cross-motion to transfer is unmistakably a judge-shopping effort that must be thwarted."

ABUSE OF PROCESS

Privitera also said APA's change in enforcement order is an abuse of process.

"The agency is slapping the face of justice and abusing process by attempting to alter a final determination that was stayed by order of this court and remains under review in this Article 78 proceeding."

Privitera asked the courts to deem the revised order "null and void."

Privitera has requested the court consolidate claims as the matter moves forward. He has also asked to reargue and renew a stay of APA orders.

The Attorney General's Office has not return repeated Press-Republican telephone calls for comment on the case.

kdedam@pressrepublican.com