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CORALLUZZO v. NEW YORK STATE PAROLE BD.

No. 659, Docket 76-7517.

566 F.2d 375 (1977)

Ernest CORALLUZZO, Plaintiff-Appelleee, v. NEW YORK STATE PAROLE BOARD and Members of the New York State Parole Board, Individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 28, 1977.

Certiorari granted December 12, 1977.

Attorney(s) appearing for the Case

Mark C. Rutzick, Deputy Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., and Kevin J. McKay, Deputy Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

Philip B. Abramowitz, Buffalo, N. Y. (Robert C. Macek, Buffalo, N. Y., of counsel), for plaintiff-appellee.

Before FEINBERG and TIMBERS, Circuit Judges, and DAVIS, Court of Claims Judge.

TIMBERS, Circuit Judge:

This appeal by the New York State Parole Board and its members from an order entered in the Western District of New York, John T. Curtin, Chief Judge, 420 F.Supp. 592, in a civil rights action by a state prisoner, presents for review under the due process clause of the Fourteenth Amendment another procedural aspect of the New York State parole system.

The procedure in question is the minimum period...

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