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  5. 69 N.Y.2d 957 (1987)
 

MATTER OF M. v. JACOBS

69 N.Y.2d 957 (1987)

In the Matter of Darvin M., Appellant, v. Thomas L. Jacobs, as Commissioner of the Office of Probation, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 5, 1987.

Attorney(s) appearing for the Case

Michele S. Maxian and Caesar D. Cirigliano for appellant.

Peter L. Zimroth, Corporation Counsel (Michael S. Adler and Francis F. Caputo of counsel), for Thomas L. Jacobs, as Commissioner of the Office of Probation and another, respondents.

Elizabeth Holtzman, District Attorney (Barbara D. Underwood and Andrew J. Frisch of counsel), respondent pro se.

Robert Abrams, Attorney-General (Abigail Peterson, O. Peter Sherwood and Douglas D. Aronin of counsel), for Francis X. Egitto, as Acting Justice of the Supreme Court, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, HANCOCK, JR., and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion in which Judge ALEXANDER concurs.

MEMORANDUM.

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

Petitioner brought a proceeding pursuant to CPLR article 78 to prohibit respondents from allowing New York City Department of Probation attorneys to participate as counsel in a probation revocation proceeding brought against him. The Appellate Division properly denied the requested relief. It cannot be said that respondent New York...

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