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KRITSKY v. McGINNIS

No. 69-CV-276.

313 F.Supp. 1247 (1970)

John KRITSKY, and United States of America ex rel. John Kritsky, Plaintiff-Petitioner, v. Paul D. McGINNIS, Commissioner of Correction; Russell G. Oswald, Chairman of the Board of Parole, J. Edwin LaVallee, Warden and Chairman of the Prison Board of Clinton State Prison, New York State Board of Parole and New York State Department of Correction, Defendants-Respondents.

United States District Court, N. D. New York.

June 12, 1970.

Attorney(s) appearing for the Case

Richard A. Kohn, Albany, Appointed Counsel, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., State of New York, for respondents; Jack W. Hoffman, Timothy F. O'Brien, Asst. Attys. Gen., of counsel.

JAMES T. FOLEY, Chief Judge.

MEMORANDUM—DECISION and ORDER

The plaintiff filed a handwritten complaint based upon the civil rights statutes and petition for habeas corpus in the same combined form with similar issues as filed in Rodriguez v. McGinnis (N.D.N.Y.—December, 1969) 307 F.Supp. 627, that after trial I ruled upon in favor of Rodriguez. He paid the $15.00 filing fee and thereafter I granted leave...

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