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MTR. OF BANACH v. WARD

62 A.D.2d 456 (1978)

In the Matter of Bruce Banach, Respondent, v. Benjamin Ward, as Commissioner of Correctional Services, Appellant

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

May 18, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel), for appellant.

Stuart Frum (Joseph D. Fallon of counsel), for respondent.

SWEENEY, J. P., KANE, STALEY, JR., and HERLIHY, JJ., concur.

LARKIN, J.

Petitioner began serving a Federal sentence, upon a conviction for breaking and entering with intent to commit larceny, on December 12, 1972 at the Federal Penitentiary at Lewisburg, Pennsylvania. He was paroled on February 13, 1974. While on parole, he was arrested in Nassau County, New York, on charges of robbery and burglary. On February 4, 1976 petitioner was sentenced by the Nassau County Court...

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