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PEOPLE EX REL. VARIO v. KRUEGER

32 A.D.2d 571 (1969)

The People of the State of New York ex rel. Paul Vario, Sr., Petitioner, v. Arthur E. Krueger, as Warden of The Nassau County Jail, Respondent

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

April 28, 1969

Order confirmed and proceeding dismissed on the merits, without costs.

We find that petitioner raised no competent question of fact or law on his assertion that the order of the County Court was predicated upon matter appearing dehors the record. Examination of the proceedings and of the order itself indicates that only the contumacious failure of petitioner to respond to the questions propounded to him before the Grand...

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