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MATTER OF BURNS v. LeFEVRE

114 A.D.2d 530 (1985)

In the Matter of Sammy Burns, Petitioner, v. Eugene S. Lefevre, as Superintendent of Clinton Correctional Facility, et al., Respondents

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

October 1, 1985

Application, pursuant to CPLR 5704 (a), to review an order of the Supreme Court at Special Term which, in effect, denied petitioner's application for an order to show cause to commence a proceeding against respondents pursuant to CPLR article 78. Application granted, and order entered May 8, 1985 vacated. Based upon our review of the petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term...

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