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CALCIONE v. NYS BD OF PAROLE

84 Misc.2d 509 (1975)

In the Matter of Benny Calcione by Joel H. Golub, Petitioner, v. New York State Board of Parole, Respondent.

Supreme Court, Dutchess County.

April 23, 1975

Attorney(s) appearing for the Case

William E. Hellerstein and Joel H. Golub for petitioner. Louis J. Lefkowitz, Attorney-General (John Zenir of counsel), for respondent.

W. VINCENT GRADY, J.

Petitioner, by order to show cause, in this CPLR article 78 proceeding seeks an order directing respondent to allow counsel to represent Benny Calcione at his parole release hearing.

While it is true that the Court of Appeals has held that due process requirements do not mandate that counsel be present at a parole release hearing (Briguglio v New York State Bd. of Parole, 24 N.Y.2d 21

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