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MTR. OF GREENE v. SMITH

52 A.D.2d 292 (1976)

In the Matter of Claude Greene, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant The People of the State of New Yorkm ex rel. Claude N. Greene, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant

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

May 28, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Lauren Wixson of counsel), for appellant.

Nathaniel A. Barrell (Joseph Shifflett of counsel), for respondent.

MOULE, J. P., CARDAMONE, SIMONS, MAHONEY and DILLON, JJ., concur.

Per Curiam.

The Superintendent of Attica appeals from two determinations of Wyoming County Supreme Court which ultimately released respondent, an inmate from that facility. In the first matter respondent in an article 78 proceeding sought relief from the failure by the State Parole Board to establish properly his minimum period of imprisonment (MPI). Supreme Court directed that respondent be returned to the court which...

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