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SOLARI v. VINCENT

46 A.D.2d 453 (1975)

Hector Solari, Respondent, v. Leon J. Vincent, as Superintendent of Greenhaven Correctional Facility, et al., Appellants

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

January 20, 1975.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Carl Saks and Samuel A. Hirshowitz of counsel), for appellants.

Louis A. Tirelli for respondent.

HOPKINS, Acting P. J., and BENJAMIN, J., concur with MARTUSCELLO, J.; MUNDER, J., dissents and votes to reverse and to dismiss the proceeding, with an opinion, in which LATHAM, J., concurs.

MARTUSCELLO, J.

This is an appeal from a judgment of the Supreme Court, Dutchess County, which, in a proceeding pursuant to article 78 of the CPLR, directed that the petitioner be afforded a new parole release hearing, with an interpreter, and that the petitioner be furnished with written reasons for the ensuing grant or denial of release on parole. The judgment should be affirmed, without costs.

Pursuant to the dictates of article 8 of the Correction...

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