In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated August 1, 1975, which, inter alia, dismissed the petition after a hearing. Judgment affirmed, without costs or disbursements. We affirm here inasmuch as this may be done without affecting petitioner’s rights. However, we reaffirm our observation in Matter of Beattie v New York State Bd. of Parole (47 AD2d 656) (cf. People ex rel. Jones-el v Superintendent, Green Haven Correctional Facility, 51 AD2d 1049; People ex rel. Walsh v Vincent, 50 AD2d 914; People ex rel. Allah v Warden, Bronx House of Detention, 47 AD2d 485). Martuscello, Acting P. J., Rabin, Shapiro, Titone and Hawkins, JJ., concur.
People ex rel. Davila v. Chairman, New York State Division of Parole
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1976-04-19
Citations: 52 A.D.2d 631, 383 N.Y.S.2d 545, 1976 N.Y. App. Div. LEXIS 12273
Copy CitationsLead Opinion