Judgment unanimously reversed on the law and judgment granted, in accordance with the following memorandum: We convert this habeas corpus proceeding to an action for declaratory judgment (CPLR 103 [c]) and declare that respondent's rescission of petitioner's parole was invalid because the rules contained in respondent's "Parole Rescission Hearing-Policy and Procedure" manual were not filed with the Secretary of State at the time petitioner's parole rescission hearing was...
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