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Lombardi v. Sarafite

29 N.Y.2d 674 Court N.Y. Decision date 1971-10-06 English

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p. 674
In the Matter of Carmine Lombardi, Appellant, v. Joseph A. Sarafite, as a Justice of the Supreme Court of the State of New York, Respondent. The People of the State of New York ex rel. Carmine Lombardi, Appellant, v. J. Leland Casscles, as Superintendent of Ossining Correctional Facility, Respondent.
Submitted September 13, 1971;
decided October 6, 1971.
p. 675
Frank 8. Hogan, District Attorney (Robert A. Goldschlag of counsel), for motion in first above-entitled proceeding.
Howard E. Berman for motion, in second above-entitled proceeding.

Motion in first above-entitled proceeding granted and appeal dismissed, without costs, upon the ground it does not lie as of right.

Motion in second above-entitled proceeding denied and, on court’s own motion, appeal dismissed upon the ground that the order appealed from does not finally determine the proceeding within the meaning of the Constitution.