Appellate Division of the Supreme Court of the State of New York February 5, 1981 (Fiacco v. Carey)

Appeal from an order of the Supreme Court at Special Term, entered October 29, 1979 in Albany County, which granted petitioner’s motion for a preliminary injunction. Released on parole in March of 1979, petitioner was arrested and charged with disorderly conduct, resisting arrest, assault and riot following an early morning incident in the City of Rensselaer on July 15, 1979.