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MATTER OF FOLEY v. DILLON

132 A.D.2d 932 (1987)

In the Matter of John M. Foley, Respondent, v. V. J. Dillon et al., Respondents, and New York State Board of Parole, Appellant

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

July 10, 1987

Judgment unanimously reversed on the law and petition dismissed.

Memorandum:

The New York State Board of Parole (Board) appeals from a judgment which granted petitioner's application for a writ of habeas corpus. The court held that the Board's revocation of petitioner's parole was based upon testimony contained in a parole officer's case summary which was not received in evidence at the parole revocation hearing (see, NYCRR 8005.18). Inasmuch as three...

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