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MTR. OF HOGAN v. CULKIN

25 A.D.2d 395 (1966)

In the Matter of Frank S. Hogan, as District Attorney of New York County, Petitioner, v. Gerald P. Culkin, as a Justice of the Supreme Court of The State of New York, et al., Respondents

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

May 17, 1966.

Attorney(s) appearing for the Case

Joseph Aronstein for David Betillo, relator.

Arthur L. Schiff for Warden of Green Haven Prison, respondent.

Alan F. Leibowitz for petitioner.

RABIN, J. P., and STEVENS, J., concur with McNALLY, J.; EAGER, J., concurs in result in opinion.

McNALLY, J.

Petitioner, District Attorney of New York County, seeks a writ of prohibition precluding the respondent Justice of the Supreme Court from the hearing of the writ of habeas corpus herein and prohibiting respondent Warden from producing the relator before a Justice of the Supreme Court in New York County.

The relator is confined in Green Haven Prison as a parole violator upon a commitment issued...

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