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MATTER OF TORO v. MALCOLM

56 A.D.2d 796 (1977)

In the Matter of Peter Toro, Respondent, v. Benjamin J. Malcolm, as Commissioner of The Department of Correction of the City of New York, et al., Appellants

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

March 24, 1977

We agree with the factual recitation of the dissenting opinion and with all of its legal conclusions except that which would deny the petitioner recovery of compensation after his conviction on May 24, 1973. Agreeing especially that the petitioner has suffered a great injustice, we do not feel that the law requires the insufficient relief the dissent would accord him. Conceding that Matter of Obergfell (239 N.Y. 48) and

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