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PEOPLE EX REL. RICCIO v. BRITT

285 A.D. 862 (1955)

The People of the State of New York ex rel. Anthony W. Riccio, Appellant, v. Arthur D. Britt, as Sheriff of Erie County, Respondent

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

January 14, 1955.

Order reversed on the law upon the ground that the court was without jurisdiction in the absence of a return; relator remanded to the Sheriff of Erie County; proceedings remitted to Special Term to compel filing of a return forthwith and to proceed in accordance with the requirements of the statute. (See Matter of Haller, 12 Hun 131, 132-133, and People ex rel. Gamaldi v. Warden Kings Co. Jail, 160 App...

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