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KETWIG v. WARD

93 Misc.2d 103 (1978)

In the Matter of Edward Ketwig, Petitioner, v. Benjamin Ward, as Commissioner of the New York State Department of Correctional Services, et al., Respondents.

Supreme Court, Orleans County.

January 31, 1978

Attorney(s) appearing for the Case

Paul Bennett for petitioner. Louis J. Lefkowitz, Attorney-General (Kenneth E. Graber of counsel), for respondents.

JAMES B. KANE, J.

Upon a review of the relevant law and the materials submitted and after hearing the oral arguments of counsel on behalf of their clients this court makes the following determination:

That respondents' decision of September 14, 1977 to remove petitioner from the temporary release program should be annulled.

The United States Supreme Court in Morrissey v Brewer (

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