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MTR. OF McCABE v. COUNTY COURT N. Y. S.

24 Misc.2d 477 (1960)

In the Matter of Edward McCabe, Petitioner, v. County Court of the State of New York, County of Bronx, et al., Respondents.

Supreme Court, Special Term, Bronx County.

March 29, 1960.

Attorney(s) appearing for the Case

James J. Hanrahan for petitioner.

Louis J. Lefkowitz, Attorney-General (Herbert J. Wallenstein of counsel), for respondents.

CHARLES A. LORETO, J.

The contentions raised by the Attorney-General by various defenses to the effect that relief by way of prohibition does not lie were raised before on his motion to dismiss the petition upon the same ground and were overruled by the court's decision (N. Y. L. J., Feb. 8, 1960, p. 13, col. 4) and intermediate order (24 Misc.2d 472). Therefore, they...

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