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MATTER OF LIPINCZYK v. DWYER

12 A.D.2d 1000 (1961)

In the Matter of Charles A. Lipinczyk, Also Known as Robert G. Werner, Appellant, v. John F. Dwyer, as District Attorney of Erie County, et al., Respondents

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

February 23, 1961

Order unanimously reversed and proceeding remitted to Erie Special Term for a hearing in accordance with the memorandum.

Memorandum:

This court ordered proof to be taken to determine the existence of a copy of the information. (Matter of Lipinczyk v. Dwyer, 10 A.D.2d 794) A hearing was had without notice to petitioner-appellant and without his participation in any respect...

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