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PEOPLE EX REL. VALENTI v. McCLOSKEY

8 A.D.2d 74 (1959)

The People of the State of New York ex rel. Frank J. Valenti, on the Petition of Gilbert S. Rosenthal, Appellant, v. John J. McCloskey, as Sheriff of The City of New York, et al., Respondents The People of the State of New York ex rel. Costenze P. Valenti, on the Petition of Gilbert S. Rosenthal, Appellant, v. John J. McCloskey, as Sheriff of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

May 5, 1959.

Attorney(s) appearing for the Case

Gilbert S. Rosenthal (Aaron J. Jaffe with him on the brief), for appellants.

Eliot H. Lumbard (Nathan Skolnik, Carl A. Vergari, Arnold M. Weiss and Joseph Fisch with him on the brief), for Commission of Investigation, respondent.

M. M. FRANK, VALENTE, McNALLY and STEVENS, JJ., concur.

BREITEL, J. P.

Relators, two brothers, appeal from the dismissal by Special Term of writs of habeas corpus obtained by them to secure their release from custody. Since August, 1958 they have been held in civil custody under orders of the Supreme Court issued pursuant to section 406 of the Civil Practice Act.

On November 14, 1957, in the rural town of Apalachin in Tioga County up-State New York, a group...

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