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MATTER OF GARCIA v. TOMEI

2010-03671

78 A.D.3d 834 (2010)

910 N.Y.S.2d 379

In the Matter of DAVID GARCIA, Petitioner, v. ALBERT TOMEI, Respondent.

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

Decided November 9, 2010.

Ordered that the application to prosecute the petition as a poor person is granted to the extent that the filing fee imposed by CPLR 8022 (b) is waived, and the application is otherwise denied as academic; and it is further,

Adjudged that the branch of the petition which is to prohibit the respondent Albert Tomei from deciding a pending petition for a writ of habeas corpus is denied as academic, without costs or disbursements, on the ground that the petition for a...

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