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MATTER OF LEONARD v. HORTON

278 A.D. 62 (1951)

In the Matter of William E. Leonard, as Acting Commissioner of Correction of The State of New York, Appellant, v. Elliott A. Horton, Judge of The County Court of Livingston County, and Raymond Hallett, Respondents

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

March 14, 1951.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, Herman N. Harcourt and Philetus M. Chamberlain of counsel), for appellant.

George D. Newton for Elliott A. Horton, respondent.

Wilbur F. Knapp for Raymond Hallett, respondent.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and WHEELER, JJ.

Per Curiam.

This is an appeal from an order of the Monroe Special Term, denying an application by petitioner as Acting Commissioner of Correction of the State of New York, in a proceeding in the nature of mandamus under article 78 of the Civil Practice Act to direct the County Judge of Livingston County to vacate a sentence imposed by him on respondent, Raymond Hallett, and to reinstate a former sentence.

Respondent...

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