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PEOPLE EX REL. CONKLIN v. NEW YORK STATE DIV. OF PAROLE

10 A.D.2d 841 (1960)

The People of the State of New York, ex rel. Robert Conklin, Appellant, v. New York State Division of Parole et al., Respondents

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

April 26, 1960

Order unanimously affirmed, without costs.

This proceeding was erroneously treated by respondents as an application for a writ of habeas corpus. The petition states that the "proceeding is initiated under Article 78 of the Civil Practice Act * * * to compel the herein designated respondents to perform the duties specifically enjoined by law." The petitioner claims that the Parole Board failed to give him a hearing as required by section 218 of the Correction Law before...

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