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MATTER OF SCHWARTZ v. WARDEN, NEW YORK STATE CORR. FACILITY AT OSSINING

82 A.D.2d 870 (1981)

In the Matter of Robert H. Schwartz, on Behalf of Ralph Clark, Appellant, v. Warden, New York State Correctional Facility at Ossining et al., Respondents

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

June 17, 1981

Judgment reversed, on the law, without costs or disbursements, petition granted with prejudice and it is directed that Ralph Clark be restored to parole under the conditions heretofore in effect, and upon the further condition that he begin treatment at the Manhattan Alcoholism Rehabilitation Center under the proposed plan submitted.

We conclude that it was error for the hearing officer to conduct the hearing in absentia based upon the hearsay statements of...

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