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PEOPLE EX REL. KRUPKA v. HEROLD

34 A.D.2d 1052 (1970)

The People of the State of New York ex rel. Ronald Krupka, Appellant, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent

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

June 29, 1970

MEMORANDUM BY THE COURT.

The petition is fatally defective for failure to comply with CPLR 7002 (subd. [c], pars. 3, 5, 6). We particularly note that the appellant presently has an appeal pending in the United States Court of Appeals for the Second Circuit. (See People ex rel. McAllister v. McMann, 25 A.D.2d 460.) None of the issues raised by appellant are considered at this time.

Judgment affirmed,...

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