MATTER OF HAYDEN v. LeFEVRE


145 Misc.2d 316 (1989)

In the Matter of Robert Hayden, Petitioner, v. E. S. LeFevre, as Superintendent of Clinton Annex Correctional Facility, Respondent.

Supreme Court, Clinton County.

January 26, 1989


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (D. Travis Tucker of counsel), for respondent.


JAN H. PLUMADORE, J.

A CPLR article 70 order to show cause was issued on July 21, 1988 on the strength of petitioner's June 27, 1988 subject matter jurisdiction allegations. Respondent filed a return August 29, 1988 which the court deemed insufficient in an interim opinion dated October 21, 1988. Respondent filed an amended return dated November 25, 1988 dealing with the sole issue which could rightly be said to survive respondent's initial (return) and...

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