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UNITED STATES EX REL. SERO v. PREISER

No. 72 Civ. 778.

377 F.Supp. 463 (1974)

UNITED STATES ex rel. Lois SERO et al., Petitioners, v. Peter PREISER, Commissioner of the New York Department of Correctional Services, et al., Respondents.

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

June 26, 1974.

Attorney(s) appearing for the Case

Herman Schwartz, Edward I. Koren, New York Civil Liberties Union, National Prison Project—American Civil Liberties Union, Amherst, N. Y., Elizabeth B. DuBois, Legal Action Center of the City of New York, Inc., New York City, for petitioners.

Louis J. Lefkowitz, Atty. Gen. of N. Y., New York City, for respondents; Ralph L. McMurry, Asst. Atty. Gen., of counsel.

MEMORANDUM

LASKER, District Judge.

The continuous procession of motions in this action which challenges the constitutionality of Article 75.00 of the Penal Law of New York is now augmented by petitioners' alternative motions for full or partial summary judgment. The vicissitudes of the case have called upon us before this to write a textbook's worth of opinions on various facets and issues.1 It is unnecessary at this writing...

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