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PEOPLE EX REL. UPCHURCH v. GITTLESON

41 A.D.2d 605 (1972)

The People of the State of New York ex rel. Robert Upchurch et al., by Caesar Cirigliano, Petitioner, v. Harry Gittleson, as Justice of the Supreme Court, County of Kings, Respondent

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

June 21, 1972

Application denied and proceeding dismissed, without costs.

Relators were in the custody of the Warden of the Brooklyn House of Detention on respective felony commitments issued by the Criminal Court of the City of New York to await Grand Jury action. The commitments were not annexed to the petitions for the writs, although required to be by CPLR 7002 (subd. [c], par. 1), and no reason was given for their absence. This application being in the nature of mandamus,...

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