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JARRETT v. WESTCHESTER HEALTH

166 Misc.2d 777 (1995)

638 N.Y.S.2d 269

In the Matter of Chris Jarrett et al., Petitioners, v. Westchester County Department of Health et al., Respondents.

Supreme Court, Westchester County.

February 27, 1995

Attorney(s) appearing for the Case

Chris Jarrett, petitioner pro se. Joseph Amatel, petitioner pro se. Mario Mangiacotti, petitioner pro se. Jeffrey Grune, petitioner pro se. Peter Lettieri, petitioner pro se. Marilyn J. Slaatten, County Attorney of Westchester County, White Plains (Michael A. Zeytoonian of counsel), for respondents.

DANIEL D. ANGIOLILLO, J.

The named petitioners have commenced identical proceedings pursuant to CPLR article 78 for review of a policy banning smoking at the Westchester County Jail. Petitioners sought the issuance of a temporary restraining order, which relief was denied pursuant to CPLR 6313 (a) as the court will not restrain a municipal entity from the performance of its perceived duties without giving...

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