SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
April 24, 1968
THE PEOPLE OF THE STATE OF NEW YORK EX REL. ROBERT G. PALUCH, PETITIONER,
J. EDWIN LA VALLEE, AS WARDEN OF CLINTON PRISON, RESPONDENT
Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.
Application, pursuant to CPLR 7002 (subd. [b], par. 2) for a writ of habeas corpus denied, for failure of compliance with article 70 of the CPLR, and more particularly with the provisions of CPLR 7002 (subd. [c], par. 1) thereof, and for the further reason that relator's appeal from the judgment of conviction is now pending in the Appellate Division of the Supreme Court in the Fourth Judicial Department.
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