PEOPLE EX REL. MENDOLIA v. SUPERINTENDENT OF THE GREEN HAVEN CORR. FACILITY


65 A.D.2d 631 (1978)

The People of the State of New York, ex rel., Stephen Mendolia, Respondent, v. Superintendent of the Green Haven Correctional Facility et al., Appellants

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

October 30, 1978


Judgment affirmed, without costs or disbursements.

No opinion.

Suozzi, J., dissents and votes to reverse the judgment and dismiss the petition, with the following memorandum:

In my view, neither petitioner's constitutional right to a final parole revocation hearing, nor his right to a time assessment disposition at said hearing, as mandated by the rules of the Board of Parole, was violated. Accordingly, the petition should have been dismissed...

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