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MATTER OF BURRELL v. MCMANN

51 Misc.2d 185 (1966)

In the Matter of Theodore Burrell, Petitioner v. Daniel McMann, as Warden of Clinton Prison, et al., Respondents.

Supreme Court, Special Term, Clinton County.

May 31, 1966

Attorney(s) appearing for the Case

Theodore Burrell, petitioner in person. Louis J. Lefkowitz, Attorney-General (Robert W. Imrie of counsel), for respondents.

SYDNEY F. FOSTER, J.

This is a proceeding, pursuant to article 78 of the CPLR, to review the computation of the expiration date of the maximum sentence which petitioner is now serving under the jurisdiction of the Department of Correction. The respondents allege as an affirmative defense that an order entered on April 7, 1966, in a similar application brought by petitioner, must be deemed res judicata

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