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MATTER OF MIDGLEY v. SMITH

63 A.D.2d 223 (1978)

In the Matter of Karl Midgley, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant. (Appeal No. 1.) The People of the State of New York ex rel. Karl Midgley, Respondent, v. Harold J. Smith, as Superintendent of The Attica Correctional Facility, Appellant. (Appeal No. 2.)

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

July 13, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Kenneth Graber of counsel), for appellant.

Nathaniel A. Barrell (Norman Effman of counsel), for respondent.

CARDAMONE, J. P., HANCOCK, JR., and SCHNEPP, JJ., concur; DENMAN, J., not participating.

SIMONS, J.

The State appeals from two judgments of the Supreme Court, Wyoming County, one entered March 28, 1977 in an article 78 proceeding, and which ordered appellant to credit respondent Midgley with time served pursuant to a concurrent sentence imposed after he was arrested while absconding from a furlough, and the other, entered April 13, 1978 in a habeas corpus proceeding which ordered respondent's immediate...

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