PEOPLE EX REL. MITCHELL v. CASSCLES


36 A.D.2d 861 (1971)

The People of the State of New York ex rel. William Mitchell, Appellant, v. J. Leland Casscles, as Superintendent. Ossining, New York, Respondent

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

April 26, 1971


Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term, for a new hearing and a new determination, in accordance with the views herein set forth.

In our opinion, Special Term erred in ruling that the relator was required to clarify the record in New York County in a separate proceeding when all the necessary records and witnesses could have been produced in the instant proceeding. There is no reason why relator should be forced to...

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