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PEO. EX REL. NEWCOMB v. METZ

64 A.D.2d 219 (1978)

The People of the State of New York ex rel. Hayward Newcomb, Appellant-Respondent, v. Paul Metz, as Superintendent of Great Meadow Correctional Facility, et al., Respondents-Appellants

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

October 19, 1978

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., Regina R. Quattrochi and Daniel Steinbock for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Ruth Kessler Toch of counsel), for respondents-appellants.

SWEENEY, J. P., STALEY, JR., MAIN and MIKOLL, JJ., concur.

LARKIN, J.

The petitioner is an individual who, as appears from this record has had a history of mental illness. His maximum period of imprisonment for various felony convictions expires in 1984. After serving approximately 10 years in Dannemora State Hospital, he was transferred to Clinton Correctional Facility and then paroled on May 31, 1972. Only July 1, 1975 he was arrested upon charges of three violations...

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