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PEOPLE EX REL. COX v. JOHNSTON

29 A.D.2d 570 (1967)

The People of the State of New York ex rel. Alexander Cox, Appellant, v. W. Cecil Johnston, as Superintendent of Matteawan State Hospital, Respondent

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

December 29, 1967

The testimony offered at the hearing on December 9, 1966 fully supports the dismissal of the writ. We note in passing that we have also reviewed the merits of the judgment of January 16, 1967 and, had it been properly before us, we would have affirmed (cf. CPLR 7002, subd. [c], par. 6; People ex rel. McAllister v. McMann, 25 A.D.2d 460, 461; People ex rel. Dunn v. McMann, 23 A.D.2d 510...

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