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MTR. OF McARDLE v. CURRAN

42 A.D.2d 85 (1973)

In the Matter of Edward C. McArdle et al., Respondents, v. Paul J. Curran et al., Constituting The Temporary Commission of Investigation of the State of New York, Appellants

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

June 28, 1973.

Attorney(s) appearing for the Case

Joseph Fisch for appellants.

Kohn, Bookstein & Karp (Richard A. Kohn of counsel), for Edward C. McArdle and another, respondents.

Schrade, Morris & Roche (Jed B. Wolkenbreit of counsel), for James J. Candlen, Jr., and another, respondents.

Louis J. Lefkowitz, Attorney-General (Grace K. Banoff and Ruth Kessler Toch of counsel), in his statutory capacity under section 71 of the Executive Law.

HERLIHY, P. J., STALEY, JR., COOKE, SWEENEY and KANE, JJ., concur.

Per Curiam.

This is an appeal from a judgment of the Supreme Court at Special Term, entered June 18, 1973 in Albany County which granted a writ of prohibition restraining the Temporary Commission of Investigation of the State of New York from holding further hearings or proceedings on the ground of unconstitutionality.

The question of whether the Temporary Commission of Investigation of the State of New York...

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