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PEOPLE EX REL. DUKES v. McKENDRICK

33 A.D.2d 598 (1969)

The People of the State of New York ex rel. George Dukes, Jr., Respondent, v. Charles L. McKendrick, as Warden of Wallkill Prison, Appellant

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

October 23, 1969

REYNOLDS, J.

Since the instant order is directed solely to the Monroe County Clerk, appellant, the Warden of Wallkill Prison, was not aggrieved by the order and consequently has no standing to appeal to this court (CPLR 5511). Accordingly, the appeal must be dismissed. However, despite this result it must be noted that the record does not indicate that the Monroe County Clerk was even made a party to the proceeding...

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