PEOPLE EX REL. LA ROCCA v. CONBOY


40 A.D.2d 736 (1972)

The People of the State of New York ex rel. Thomas La Rocca, Appellant, v. Joseph P. Conboy, as Superintendent of Great Meadow Correctional Facility, Respondent

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

October 26, 1972


The petition was unverified and did not comply with the requirements of CPLR 7002 (subd. [c]). However, it contained a statement to the effect that the relator could not comply with the CPLR because of a deprivation of legal material and writing material. In People ex rel. Hale v. McMann (28 A.D.2d 1013) it was indicated that deficiencies in the petition might be overlooked where compelling reasons appeared from the papers. As noted...

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