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CARMONA v. WARD

No. 471, Docket 77-2110.

576 F.2d 405 (1978)

Martha CARMONA and Roberta Fowler, Petitioners-Appellees, v. Benjamin WARD, Commissioner of the New York State Department of Correctional Services, Frances Clement, Superintendent, Bedford Hills Correctional Facility, Bedford Hills, New York, Frank Caldwell, Acting Chairman of the New York State Board of Parole and the New York State Board of Parole, Respondents-Appellants, and Sol Greenberg, Albany County District Attorney, Intervenor for Appellants.

United States Court of Appeals, Second Circuit.

Decided April 21, 1978.

Attorney(s) appearing for the Case

Arthur L. Liman, New York City (Paul, Weiss, Rifkind, Wharton & Garrison, Mark C. Morril, Legal Action Center of the City of New York, Inc., Deborah M. Greenberg, Margaret K. Brooks, Harlon L. Dalton, Lawrence S. Goldman, Washington Square Legal Services, Charles D. Terry, E. Judson Jennings, New York City, Elizabeth Bartholet, Cambridge, Mass., Michael Meltsner, New York City, of counsel), for petitioners-appellees.

Gerald J. Ryan, Asst. Atty. Gen., Buffalo, N. Y. (Louis J. Lefkowitz, Atty. Gen., State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for respondents-appellants.

Sol Greenberg, Dist. Atty. of Albany County, Albany, N. Y. (Dennis M. Acton, Albany, N. Y., of counsel), for intervenor for appellants.

Before MULLIGAN, OAKES and VAN GRAAFEILAND, Circuit Judges.

MULLIGAN, Circuit Judge:

Benjamin Ward, Commissioner of the New York State Department of Correctional Services, Frances Clement, Superintendent, Bedford Hills Correctional Facility, Frank Caldwell, Acting Chairman of the New York State Board of Parole, and the New York State Board of Parole (Respondents-Appellants), appeal from an order entered on August 17, 1977 by the Hon. Constance B. Motley in the United States District Court for the Southern District of New York...

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