MATTER OF CUMMINGS v. REGAN


76 Misc.2d 357 (1973)

In the Matter of Michael Cummings et al., on Behalf of Themselves and All Other Persons Similarly Situated, Petitioners, v. Paul J. Regan, as Chairman of New York State Board of Parole, et al., Respondents.

Supreme Court, Special Term, Albany County.

December 11, 1973


Attorney(s) appearing for the Case

William E. Hellerstein, Joel Berger and Warren H. Richmond, III, for petitioners. Louis J. Lefkowitz, Attorney-General (Daniel F. Ruge of counsel), for respondents.


EDWARD S. CONWAY, J.

This is an article 78 proceeding brought by the petitioners asking this court for a judgment ordering the respondents to furnish petitioners and members of their class a statement of the reasons why their parole has been denied.

Respondents make a cross motion to dismiss the petition on the grounds: (1) petitioners are not an aggrieved person and not the real party in interest; (2) this court lacks jurisdiction to entertain...

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