The legal battle to remove New York Attorney General Letitia James as the special prosecutor in the alleged rape case at Cornell University will head to Sullivan County on Thursday.

New York Governor Kathy Hochul appointed James as special prosecutor to investigate the alleged 2024 rape case at a Cornell University frat house earlier this month after Hochul said a lack of prosecution by the Tompkins County District Attorney had “undercut” her faith in the office.

“Newly released information continues to raise serious questions about the investigation conducted by the Cornell Police Department and the decision by the Tompkins County District Attorney not to prosecute an alleged sexual assault on Cornell University’s campus in October 2024,” Hochul said in statement on Oct. 1. “This has, in turn, undercut my faith, and the public’s faith, in the District Attorney’s ability to effectively investigate and prosecute the case at this time.”

Nesenoff & Miltenberg LLP, the law firm representing Gillio Lopes – one of the seven men sued for allegedly gang raping a female student identified as Jane Doe – filed a petition on Oct. 7 to dismiss James as the special prosecutor. The attorneys said in court filings that James “unequivocally demonstrated a bias and presumption of guilt against the defendants named in the Civil Case, including Petitioner. 7.”

“Specifically, three days prior to her appointment as Special Prosecutor, on September 28, 2026 at 6:13pm, Attorney General James posted to the Attorney General’s official social media platform X’s account: “What this young woman has been forced to endure is horrific and unacceptable. I’m holding her in my heart and in my prayers. To her, and to all survivors: you’re not alone. We stand with you,”” the court filings state.

New York Supreme Court Justice James Farrell signed an order to show cause on Oct. 9 and is expected to hear oral arguments from legal parties at the hearing.

The appearance is scheduled for Thursday, Oct. 29 at 2 p.m. at the Sullivan County Courthouse in Monticello.

James filed a response on Oct. 22 to the petition, calling the claims “not ripe for judicial review.”