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LOMBARD v. WASSER

104 Misc.2d 883 (1980)

William M. Lombard, as Sheriff of Monroe County, et al., Petitioners, v. Joseph Wasser, Individually and as Chairman of Medical Review Board of Commission of Correction, et al., Respondents.

Supreme Court, Monroe County.

June 20, 1980.

Attorney(s) appearing for the Case

John D. Doyle, County Attorney (Nira T. Kermisch of counsel), for petitioners. Robert Abrams, Attorney-General (Vincent M. Barone of counsel), for respondents.

EDWARD O. PROVENZANO, J.

Petitioners commenced this CPLR article 78 proceeding to annul certain determinations of the Medical Review Board of the New York State Commission of Correction. In an unrecorded Bench ruling at Special Term on May 28, 1980, the court granted the petition on the grounds that the Medical Review Board had proceeded arbitrarily and capriciously and in excess of its jurisdiction. This decision is written in connection with that ruling...

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