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MATTER OF DAVIS v. REGAN

82 Misc.2d 105 (1975)

In the Matter of Claude Davis, Jr., Petitioner, v. Paul J. Regan, as Chairman of the New York State Board of Parole, et al., Respondents.

Supreme Court, Monroe County.

February 6, 1975

Attorney(s) appearing for the Case

John J. Capowski, Faust F. Ross and Gary Thoron for petitioner. Louis J. Lefkowitz, Attorney-General (Edwin W. Barry of counsel), for respondents.

JOSEPH G. FRITSCH, J.

This article 78 proceeding is brought to review the determination of the New York State Board of Parole.

The petitioner, while on parole, was arrested on March 3, 1974 and charged with assault in the second degree upon his wife. The charges were ultimately dropped by the prosecution due to her failure, as the complaining witness, to appear at the preliminary hearing. Petitioner...

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