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MATTER OF MULLINS v. BD. OF PAROLE

43 A.D.2d 382 (1974)

In the Matter of the Claim of Joseph L. Mullins, Respondent, v. State Board of Parole, Appellant

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

February 7, 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 appellant.

David F. Kunz for respondent.

STALEY, JR., J. P., GREENBLOTT and MAIN, JJ., concur with KANE, J.; SWEENEY, J., dissents and votes to affirm in an opinion.

KANE, J.

This is an appeal from a judgment of the Supreme Court at Special Term, entered May 30, 1973 in Albany County, which granted petitioner's application, in a proceeding pursuant to CPLR article 78, and directed the State Board of Parole to hold a hearing within 30 days from the entry of the judgment to determine whether petitioner has violated the conditions of his parole.

Petitioner was convicted of grand larceny, first degree in 1966...

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