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CAMERON v. FASTOFF

No. 176, Docket 75-2073.

543 F.2d 971 (1976)

Edith May CAMERON, et al., Petitioners-Appellants, v. Charles FASTOFF, Director, New York City Department of Probation, et al., Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 22, 1976.

Attorney(s) appearing for the Case

Lawrence Stern, Brooklyn, N. Y. (Diller & Schmukler, New York City), for petitioners-appellants.

Lillian Z. Cohen, Asst. Atty. Gen. of the State of N. Y., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, on the brief), for respondents-appellees.

Before MANSFIELD, TIMBERS, and GURFEIN, Circuit Judges.

TIMBERS, Circuit Judge:

On this appeal from orders entered March 20 and 31, 1975 in the Eastern District of New York, Walter Bruchhausen, District Judge, and a judgment entered March 21, 1975, dismissing a petition by state prisoners for writs of habeas corpus, we find that the determinative threshold question, except for one claim of error, is whether petitioners have exhausted state remedies as required by 28 U.S.C. § 2254(b) and (c)

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