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MATTER OF HAMM v. REGAN

43 A.D.2d 344 (1974)

In the Matter of Daniel Hamm, Respondent, v. Paul J. Regan et al., Constituting The Board of Parole of the State of New York, Appellants

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

January 31, 1974.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh, Jean M. Coon and Ruth Kessler Toch of counsel), for appellants.

Gene Ann Condon for respondent.

Legal Aid Society (William E. Hellerstein, Joel Berger, Warren H. Richmond and Richard A. Greenberg of counsel), amicus curiae.

New York Civil Liberties Union (Eve Cary of counsel), amicus curiae.

HERLIHY, P. J., KANE and MAIN, JJ., concur with GREENBLOTT, J.; COOKE, J., dissents and votes to remit in an opinion.

GREENBLOTT, J.

This is an appeal from so much of a judgment of the Supreme Court at Special Term, entered August 1, 1973 in Albany County, in a proceeding commenced pursuant to CPLR article 78, which ordered that the Board of Parole of the State of New York "shall make a written decision setting forth its reasons for the revocation of petitioner's parole and the facts upon which its determination to revoke said...

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