SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
May 16, 1968
THE PEOPLE OF THE STATE OF NEW YORK EX REL. JEROME FATUADO, PETITIONER,
CHARLES L. MCKENDRICK, AS WARDEN OF WALLKILL PRISON, RESPONDENT
Gibson, P. J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur.
Application, pursuant to CPLR 7002 (subd. [b], par. 2) for a writ of habeas corpus denied on the ground that there is no basis for departure from traditional orderly procedure so as to justify resort to such remedy while relators' appeal from the judgment of conviction is pending in the Appellate Division of the Supreme Court in the Second Judicial Department (People ex rel. Keitt v. McMann, 18 N.Y.2d 257, 262).
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