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  5. 67 N.Y.2d 197 (1986)
 

ROBERTSON v. DIV. OF PAROLE

67 N.Y.2d 197 (1986)

The People of the State of New York ex rel. Reginald Robertson, Appellant, v. New York State Division of Parole et al., Respondents.

Court of Appeals of the State of New York.

Decided April 3, 1986.

Attorney(s) appearing for the Case

Victor Knapp for appellant.

Robert Abrams, Attorney-General (Charles C. Davis, Jr., and Robert Hermann of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

MEYER, J.

Issues of fact in a habeas corpus proceeding on which depend the legality of the continued detention of an alleged parole violator are to be tried by the court issuing the writ, not by the Parole Board. The effect of an order transferring such issues to the Parole Board for hearing is to terminate the habeas corpus proceeding. That order was, therefore, final and appealable to the Appellate Division...

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