PEOPLE EX REL. NEGRON v. HEROLD


33 A.D.2d 1076 (1970)

The People of the State of New York ex rel. Valentine Antonio Negron, Appellant, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent

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

February 20, 1970


REYNOLDS, J.

Special Term erred in denying the application for the writ on the basis of a pending action in federal court. Such action was clearly not similar to the one brought before the trial court. Appellant alleges that he was transferred to Dannemora without a hearing despite a demand therefore made by his family pursuant to section 383 of the Correction Law. If appellant's allegations are presumed correct his transfer would be improper and the...

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