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MTR. OF CUMMINGS v. REGAN

45 A.D.2d 415 (1974)

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

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

July 25, 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.

William E. Hellerstein (Warren E. Richmond of counsel), for respondents.

HERLIHY, P. J., and STALEY, JR., J., concur with KANE, J.; COOKE and SWEENEY, JJ., dissent and vote to modify in an opinion by SWEENEY, J.

KANE, J.

At the time of the commencement of this proceeding, each of the named petitioners was an inmate in the custody of the New York State Department of Correctional Services. It is not disputed that each had appeared before the Board of Parole and been denied parole release without a statement of reasons for such action. Subsequently, each petitioner requested the board to provide him with a statement of reasons for the denial of parole release and...

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