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MATTER OF NOLAN v. LUNGEN

61 N.Y.2d 788 (1984)

In the Matter of Robert Nolan, Jr., Appellant, v. Stephen F. Lungen, as District Attorney of Sullivan County, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 14, 1984.

Attorney(s) appearing for the Case

David Cohen for appellant.

Stephen F. Lungen, District Attorney (Frank J. Labuda of counsel), respondents pro se.

Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Chief Judge COOKE and Judge SIMONS taking no part.

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs.

This article 78 proceeding in the nature of prohibition was commenced in the Appellate Division, even though only the District Attorney of Sullivan County and the Chief Assistant District Attorney were named as respondents. We agree with the concurring opinion of Justice PAUL J. YESAWICH...

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