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MATTER OF McGRATH v. CORNELIUS

30 A.D.2d 732 (1968)

In the Matter of John J. McGrath, Appellant, v. Arthur Cornelius, Jr., as Superintendent of State Police, Respondent

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

June 27, 1968

MEMORANDUM BY THE COURT.

Respondent having failed either to file and serve an answer or to move with respect to the petition upon objections in point of law, the proceeding is remitted to Special Term for further proceedings in accordance with the provisions of CPLR 7804 (subd. [e]) and, if Special Term be so advised, for further remittal to respondent Superintendent for reconsideration of his determination in accordance with the rule of Matter of Wallace v. Murphy...

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