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MATTER OF LATHAM v. HENDERSON

59 A.D.2d 1060 (1977)

In the Matter of Norman E. Latham, Appellant, v. Robert J. Henderson, as Superintendent of The Auburn Correctional Facility, et al., Respondents

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

November 14, 1977

Judgment unanimously reversed, without costs, and matter remitted to Supreme Court, Cayuga County, for a rehearing.

Memorandum:

Petitioner appeals from a judgment which dismissed his application pursuant to CPLR article 78, for a judgment directing respondents to return to petitioner a sum allegedly taken out of his account at the Attica Correctional Facility, without authorization, representing payment for photographs...

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