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MTR. OF McLUCAS v. OSWALD

40 A.D.2d 311 (1973)

In the Matter of Lonnie McLucas, Appellant, v. Russell G. Oswald et al., Constituting The New York State Division of Parole, Respondents

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

January 17, 1973.

Attorney(s) appearing for the Case

Pollack & Singer (Richard M. Asche of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh, Ruth Kessler Toch and Jean M. Coon of counsel), for respondents.

STALEY, JR., J. P., GREENBLOTT, COOKE, SWEENEY and REYNOLDS, JJ., concur.

Per Curiam.

This is an appeal from a judgment of the Supreme Court at Special Term, entered September 2, 1971 in Albany County, which denied appellant's application pursuant to article 78 of the CPLR, seeking a judgment mandating the withdrawal of a warrant for his arrest and enjoining respondents from attempting to have executed any warrant arising out of any alleged parole violation by appellant.

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