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  5. 162 A.D.2d 318 (1990)
 

MATTER OF DAVIS v. COLLINS

162 A.D.2d 318 (1990)

In the Matter of Samuel Davis, Petitioner, v. John P. Collins, Respondent

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

June 21, 1990

Application for a writ of prohibition unanimously denied, the cross motions granted, and the petition dismissed, without costs and without disbursements. We note, however, that this petitioner has been awaiting retrial since December 5, 1987.

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