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CICERO v. OLGIATI

No. 75 Civ. 2059.

426 F.Supp. 1213 (1976)

Paula CICERO et al., Plaintiffs, v. Ennis J. OLGIATI, Individually and as Chairman of the New York State Board of Parole, et al., Defendants.

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

November 24, 1976.

Attorney(s) appearing for the Case

David Rudenstine, Project on Sentencing and Parole, New York Civil Liberties Union, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants; Jules E. Orenstein, Asst. Atty. Gen., New York City, of counsel.

MEMORANDUM

LASKER, District Judge.

Defendants move for a certification under 28 U.S.C. § 1292(b) permitting immediate appeal from the court's order of March 17, 1976, denying in part their motion to dismiss this case. (Familiarity with the earlier opinion at 410 F.Supp. 1080 is assumed.) Certification is proper if the district court is of the "opinion" that "such order involves a controlling question of law as to...

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