Judgment reversed on the law and the facts, without costs, and proceeding remitted to the Special Term for a further hearing and a determination de novo of the issues herein, not inconsistent herewith.
At the hearing on the petition it appeared that for a time the religious material in question had been delivered to petitioner, but that thereafter it was withheld by the respondent Warden. The Justice below inquired as to whether petitioner would consent to...
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