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IN THE MATTER OF OLIPHANT v. RICE

54 A.D.3d 376 (2008)

861 N.Y.S.2d 947

In the Matter of MARLON OLIPHANT, Petitioner, v. KATHLEEN M. RICE et al., Respondents.

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

August 12, 2008.

Upon the papers filed in support of the petition and the motion, and the papers filed in opposition thereto, it is

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements; and it is further,

Ordered that the motion is denied as academic.

The petitioner claims that the Double Jeopardy Clauses of the Federal and State Constitutions (see US Const 5th Amend...

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