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KIRSH v. MICHETTI

No. 92 Civ. 198 (RLC).

787 F.Supp. 403 (1992)

Mara KIRSH, Plaintiff-Petitioner, v. Felice MICHETTI, as Commissioner of the New York City Department of Housing Preservation and Development, Phillip A. Grimaldi, as Sheriff of New York City, Harry Weisberg, as Under Sheriff for New York County, N.Y., and Barney Carbin, as Under Sheriff for Bronx County, N.Y., Defendants-Respondents.

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

March 24, 1992.

Attorney(s) appearing for the Case

Eleanor Jackson Piel, New York City, Robert Cammer, Larchmont, N.Y., for plaintiff-petitioner.

O. Peter Sherwood Corp. Counsel (Janessa Nisley, Jerald Horowitz, Gail Donoghue, of counsel), New York City, for defendants-respondents.

OPINION

ROBERT L. CARTER, District Judge.

Mara Kirsh petitions this court for a writ of habeas corpus preventing the Sheriff defendants from imprisoning her pursuant to an order of the New York City Civil Court. She also advances a claim for the same relief under 42 U.S.C. § 1983. The history of this case is essential to the determination of the petition, and accordingly is set forth below.

Mara Kirsh and her husband own an apartment building...

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