Legal Opinion

Fabbri v. Pataki

New York Supreme Court

Decided July 26, 1996Published

1Opinion of the Court

OPINION OF THE COURT

Kenneth W. Rudolph, J.

This petition for an application pursuant to CPLR 7801 et *1028seq. to annul and vacate the warrant of arrest and order of extradition against the petitioner, Roberto Fabbri, issued by Governor George E. Pataki on June 21, 1996 upon the grounds that the Governor exceeded his jurisdiction and power by (a) overruling a prior decision of the Family Court, and (b) failing to follow the legislative mandates of CPL 570.16 is determined as follows:

FINDINGS OF FACTS

Roberto Fabbri and Susan Fabbri were married in the State of New Jersey on September 6, 1975. There…

2Cases cited8 opinions

  1. People ex rel. Wilder v. MarkleyNew York Court of Appeals · 1970
  2. California v. Superior Court of Cal., San Bernardino Cty.Supreme Court of the United States · 1987
  3. People v. HintonNew York Court of Appeals · 1976
  4. Butts v. Justices of the Court of Special SessionsAppellate Division of the Supreme Court of the State of New York · 1971
  5. MacFadden v. MartiniNew York City Family Court · 1983

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