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IN THE MATTER OF WINN v. RENSSELAER COUNTY CONDITIONAL RELEASE COMMISSION

6 A.D.3d 929 (2004)

775 N.Y.S.2d 412

In the Matter of ROBERT M. WINN, as Special Prosecutor for the County of Rensselaer, et al., Respondents, v. RENSSELAER COUNTY CONDITIONAL RELEASE COMMISSION, Respondent, and MARY BETH ANSLOW, Appellant.

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

April 15, 2004.

Lahtinen, J.

In September 2000, the three-month-old child of petitioners Kenneth Marbot and Wendy Marbot died while at an unlicensed day care operated by respondent Mary Beth Anslow (hereinafter respondent) in Rensselaer County. The Rensselaer County District Attorney's office was disqualified from investigating the matter because an Assistant District Attorney was a potential material witness and, therefore, County Court (McGrath, J.) appointed

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