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McARDLE v. COMM. OF INVESTIGATION

41 A.D.2d 401 (1973)

In the Matter of Edward C. McArdle et al., Petitioners, v. Temporary New York State Commission of Investigation, Respondent

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

May 23, 1973.

Attorney(s) appearing for the Case

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

Schrade, Morris & Roche (Robert P. Roche of counsel), for James J. Candlen, Jr., and another, petitioners.

Joseph Fisch for respondent.

HERLIHY, P. J., STALEY, JR., GREENBLOTT, MAIN and REYNOLDS, JJ., concur.

Per Curiam.

Motion by Temporary State Commission of Investigation to vacate a temporary stay, granted ex parte by a Justice of the Supreme Court, by order to show cause in an article 78 proceeding which seeks judgment prohibiting the commission from conducting further hearings and investigations of matters concerning certain officers of the Police Department of the City of Albany. Motion granted and stay vacated, without costs. We deem the granting of the order...

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