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ROOT v. KAPELMAN

67 A.D.2d 131 (1979)

In the Matter of Oren Root, Jr., on Behalf of Efrain Tantao, et al., Petitioners, v. William Kapelman, as Assistant Administrative Judge of The Supreme Court, Bronx County, et al., Respondents

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

April 3, 1979

Attorney(s) appearing for the Case

Leon B. Polsky and Oren Root, Jr. (Richard Greco with them on the brief), petitioners pro se.

Gerry E. Feinberg of counsel (Robert Abrams, Attorney-General), for William Kapelman, respondent.

Allan D. Marrus of counsel (Steven R. Kartagener with him on the brief; Mario Merola, District Attorney, pro se), for Mario Merola, respondent.

MURPHY, P. J., KUPFERMAN, LANE and LUPIANO, JJ., concur.

SULLIVAN, J.

In this article 78 proceeding petitioners seek, inter alia, to prohibit the sentencing in absentia of Efrain Tantao, a defendant in a pending criminal proceeding, who apparently absconded almost five years ago, and alternatively, to prohibit the sentencing court from ordering any attorney from the Legal Aid Society to represent Tantao at such...

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