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MATTER OF STANLEY v. PROP. CLERK OF THE POLICE DEP'T OF THE TOWN OF RAMAPO

63 A.D.2d 970 (1978)

In the Matter of Leonard Stanley, Appellant, v. Property Clerk of the Police Department of the Town of Ramapo et al., Respondents

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

June 5, 1978

Order and judgment affirmed, without costs or disbursements.

The denial of the application for leave to proceed as a poor person was proper in view of petitioner's failure to serve the County Attorney of Rockland County. Service upon the District Attorney is not sufficient (see CPLR 1101, subd [c]). Upon reapplication, if one is made, the desirability of assigning an attorney to represent petitioner pursuant to CPLR 1102 (subd [a]) should be carefully considered....

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