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PEO LESNOWSKI v. VON HOLDEN

107 Misc.2d 581 (1980)

The People of the State of New York ex rel. Daniel J. Lesnowski, Petitioner, v. Martin Von Holden, as Director of Central New York Psychiatric Center, et al., Respondents.

Supreme Court, Special Term, Oneida County.

November 12, 1980

Attorney(s) appearing for the Case

Lanny E. Walter for petitioner. Robert Abrams, Attorney-General (Thomas J. Maroney of counsel), for respondents.

JOHN P. BALIO, J.

This proceeding was instituted by a writ of habeas corpus. Since no evidence was submitted on the legality of the petitioner's present detention, the court has treated this petition as a CPLR article 78 proceeding in the nature of certiorari to review a determination of the Board of Parole. (People ex rel. Davis v Arnette, 57 A.D.2d 562.)

The essential facts are not in dispute. The petitioner...

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