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PEOPLE EX REL. SCOTT v. NEW YORK STATE DEP'T OF PAROLE

54 A.D.2d 1088 (1976)

The People of the State of New York ex rel. Andrew Scott, Appellant, v. New York State Department of Parole et al., Respondents

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

November 5, 1976

Judgment unanimously affirmed.

Memorandum:

Relator was denied parole on October 30, 1975. This appeal is from a dismissal of his writ of habeas corpus, the essence of which was that the Parole Board denial of his parole was not given in a meaningful and adequate manner. It has been consistently held that habeas corpus is not the proper procedure to raise this issue and we treat the matter as an article 78 proceeding (Matter of Greene v Smith,

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