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MATTER OF HOWARD v. COUGHLIN

119 A.D.2d 886 (1986)

In the Matter of Clifford Howard, Petitioner, v. Thomas A. Coughlin, III, as Commissioner of The New York State Department of Correctional Services, et al., Respondents

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

April 7, 1986

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 December 13, 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...

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