Judgment unanimously modified in accordance with memorandum and as modified affirmed.
Memorandum:
This is an appeal from a judgment of the Supreme Court which denied appellant's application for an order to show cause and dismissed the proceeding on the merits without a hearing. Appellant alleges in his petition that his imprisonment was illegal by reason of erroneous action on the part of the Parole Board. The court properly denied the application but should...
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