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NEELY v. HOGAN

62 Misc.2d 1056 (1970)

Theodore A. Neely, Jr., on Behalf of Himself and All Others Similarly Situated, Plaintiff, v. Frank S. Hogan, Individually and as District Attorney for New York County, et al., Defendants.

Supreme Court, Special Term, New York County.

April 1, 1970

Attorney(s) appearing for the Case

Bruce J. Ennis for plaintiff. Frank S. Hogan, District Attorney (Donald H. Heller of counsel), for defendants.

JACOB MARKOWITZ, J.

Plaintiff, presently being held at Matteawan State Hospital, brings this action against the District Attorney of New York County and one of his assistants for a declaratory judgment. The action is brought in plaintiff's own behalf and as a class action under CPLR 1005 on behalf of "all persons now confined pursuant to the authority of the Code of Criminal Procedure, Sec. 662-b, who wish...

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