MTR. OF FELDMAN v. REEVES


45 A.D.2d 90 (1974)

In the Matter of Robert Feldman, Petitioner, v. Elmer Reeves, as Chief Probation Officer of The Department of Probation, et al., Respondents

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

June 18, 1974.


Attorney(s) appearing for the Case

Leonard M. Weintraub for petitioner.

A. Seth Greenwald of counsel (Samuel A. Hirshowitz with him on the brief; Louis J. Lefkowitz, Attorney-General), for Burton B. Roberts, respondent.

MARKEWICH, J. P., and KUPFERMAN, J., concur with CAPOZZOLI, J.; STEUER, J., dissents in an opinion.


CAPOZZOLI, J.

This is an application, pursuant to article 78 of the CPLR, in the nature of mandamus, for an order directing the return to petitioner of certain moneys deposited by him and which are in the Department of Probation.

Petitioner originally pleaded guilty to grand larceny in the second degree and, with the approval of the court, instituted a restitution program, pursuant to which he made deposits...

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