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MATTER OF VERGARI v. WARD

88 Misc.2d 911 (1977)

In the Matter of Carl A. Vergari, as District Attorney of Westchester County, Petitioner, v. Benjamin Ward, as Commissioner of Department of Correctional Services, et al., Respondents.

Supreme Court, Special Term, Albany County.

January 5, 1977

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Daniel F. Ruge of counsel), for respondents. Carl A. Vergari, District Attorney (B. Anthony Morosco of counsel), petitioner pro se.

HAROLD J. HUGHES, J.

This is a proceeding pursuant to CPLR article 78 to compel the respondents Commissioner of the Department of Correctional Services and the State Board of Parole to recompute the parole eligibility dates of four prisoners. The respondents have moved to dismiss the petition upon several grounds, including: (1) petitioner lacks standing to initiate this proceeding; (2) petitioner has failed to join indispensable parties; and (3) petitioner...

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