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MTR STITHAM v. CITY OF NY

127 Misc.2d 906 (1985)

In the Matter of Michael Stitham, Petitioner, v. City of New York, Department of Probation, Respondent.

Supreme Court, Special Term, New York County.

March 29, 1985

Attorney(s) appearing for the Case

David Seth Michaels for petitioner. Frederick A. O. Schwarz, Jr., Corporation Counsel (Robin Schecter of counsel), for respondent.

DAVID B. SAXE, J.

In this CPLR article 78 proceeding, petitioner seeks a judgment enjoining respondent New York City Department of Probation from enforcing certain conditions of probation imposed upon petitioner by the Village Court of Liberty, New York. Respondent cross-moves, pursuant to CPLR 7804 (f), to dismiss the application on the grounds that the petition fails to state a cause of action and that the proceeding is against an improper party.

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