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PEOPLE EX REL. CURTIS v. McMANN

29 A.D.2d 703 (1968)

The People of the State of New York ex rel. Albert F. Curtis, Appellant, v. Daniel McMann, as Warden of Clinton Prison, Respondent

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

January 12, 1968

MEMORANDUM BY THE COURT.

Prior to the action of the court in declining to issue a writ, relator had been transferred from the custody of the Warden of Clinton Prison to that of the Warden of Green Haven Prison. The application should have been determined solely on procedural grounds and, in consequence, we do not pass upon the sufficiency of the petition. The dismissal is sustainable on the authority of People ex rel. Lombardi v. McMann (28...

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