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MATTER OF FITZPATRICK v. CUNNINGHAM

193 A.D.2d 1109 (1993)

598 N.Y.S.2d 639

In the Matter of William J. Fitzpatrick, as District Attorney of Onondaga County, Petitioner, v. Patrick J. Cunningham, as Onondaga County Court Judge, et al., Respondents

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

May 28, 1993

Petition unanimously granted without costs and judgment granted in accordance with the following Memorandum: Because a court cannot inquire into the merits of the charges pending against the person named in an extradition warrant duly issued by the Governor, we find that respondent Cunningham had no authority to refuse to enforce the warrant once he ascertained the identity of the person named therein and determined that the extradition...

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