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HOWELL v. McGINITY

129 A.D.2d 60 (1987)

Manetta Howell et al., Petitioners, v. Leo F. McGinity et al., Respondents

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

June 8, 1987

Attorney(s) appearing for the Case

Matthew Muraskin (Morton J. Marshack and Sharon E. Kivowitz of counsel), for petitioners.

Michael Colodner (John Eiseman, Ann Pfau and Ellen K. Boegel of counsel), for judicial respondents.

James M. Catterson, Jr., and Snitow & Pauley (William H. Pauley and Steven A. Soloway of counsel), for Sheriff of Nassau County, respondent.

WEINSTEIN, RUBIN, EIBER and KUNZEMAN, JJ., concur.

MOLLEN, P. J.

In this proceeding pursuant to CPLR article 78, we are called upon to resolve important questions concerning the respective functions of the judiciary and the Sheriff of Nassau County with respect to the detention of prisoners after arraignment.

I

This proceeding arose from a condition of overcrowding which has existed at various times...

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