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  5. 44 N.Y.2d 812 (1978)
 

MATTER OF JEFFREY v. WARD

44 N.Y.2d 812 (1978)

In the Matter of Burton Jeffrey, Respondent-Appellant, v. Benjamin Ward, as Commissioner of the New York State Department of Correctional Services, et al., Appellants-Respondents.

Court of Appeals of the State of New York.

Decided May 4, 1978.

Attorney(s) appearing for the Case

Andrew H. Eibel, William E. Hellerstein, Donald H. Zuckerman and Sally Mendola for respondent-appellant.

Louis J. Lefkowitz, Attorney-General (Burton Herman, Samuel A. Hirshowitz and Nicholas G. Garaufis of counsel), for appellants-respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the judgment of Supreme Court, Dutchess County, dismissing the petition, reinstated. The cross appeal of petitioner is dismissed, without costs, upon the ground that petitioner is not aggrieved by the modification at the Appellate Division (CPLR 5601, subd [a], par [iii]).

On July 20, 1970, petitioner was sentenced, on charges unrelated...

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