MATTER OF PIZZA v. LYONS


278 A.D. 65 (1951)

In the Matter of Carmine Pizza, Respondent, v. John A. Lyons, as New York State Commissioner of Correction, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 20, 1951.


Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, Herman N. Harcourt and William S. Elder, Jr., of counsel), for appellants.

Carmine Pizza, respondent in person.

All concur. Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.


PIPER, J.

The order appealed from directs the Commissioner of Correction and the State Board of Parole to recall petitioner before the Parole Board within sixty days "to again act upon Petitioner's case, exercising all the powers and jurisdiction conferred upon them by the rules and law, as it stood in 1932, at the time of Petitioner's sentence, eliminating all such power of discretion acquired by them under laws...

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