PEOPLE v. BEAVER


8 A.D.3d 1095 (2004)

778 N.Y.S.2d 630

THE PEOPLE OF THE STATE OF NEW YORK ex rel. GLENN MARTINEZ, Respondent, v. JOHN BEAVER, as Superintendent of Orleans Correctional Facility, et al., Appellants.

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

June 14, 2004.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the amended petition is dismissed.

Memorandum:

Petitioner commenced this proceeding challenging the determination of the Parole Board denying him release to parole supervision and ordering that he be held for 18 months. Supreme Court erred in granting the amended petition and denying respondents' motion...

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