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MTR. OF McMOORE v. REGAN

79 Misc.2d 795 (1974)

In the Matter of Kenneth McMoore, Petitioner, v. Paul Regan, as Chairman of the New York State Board of Parole, Respondent.

Supreme Court, Dutchess County.

November 21, 1974

Attorney(s) appearing for the Case

Legal Aid Society for petitioner. Louis J. Lefkowitz, Attorney-General, for respondent.

JOSEPH F. HAWKINS, J.

Petitioner's primary contention is that the Parole Board failed to state the grounds upon which it denied him parole. Additionally, he contends that since the denial was unlawful he should be granted parole retroactively.

In view of the recent ruling by the Court of Appeals in People ex rel. Donohoe v. Montanye (35 N.Y.2d 221), during the...

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