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MATTER OF BLOETH v. MARKS

20 A.D.2d 372 (1964)

In the Matter of Francis Bloeth, Petitioner, v. Charles Marks, as a Justice of the Supreme Court of New York County, et al., Respondents

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

March 5, 1964.

Attorney(s) appearing for the Case

Francis Bloeth, petitioner in person.

Bernard Smith, respondent in person.

BREITEL, J. P., VALENTE, McNALLY, STEVENS and EAGER, JJ., concur.

Per Curiam.

This is an article 78 proceeding, brought by a prisoner in the death house at Ossining to compel a Justice of the Supreme Court to vacate a ruling made by him on December 18, 1963 marking three indictments off the Trial Calendar pending the outcome of an appeal from a conviction of petitioner of murder, first degree, upon a fourth indictment.

On August 31, 1959 petitioner was indicted in Suffolk County on three separate indictments charging...

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