Majority
p. 729In the Matter of the Application of Lawrence Marks, Appellant, for a Peremptory Order of Mandamus against Joseph W. Moore and Others, Constituting the Board of Parole, and Another, Respondents.
Order denying appellant’s motion for a peremptory order of mandamus directing his discharge from custody on the ground that he is illegally detained unanimously affirmed as a matter of law and not in the exercise of discretion. No opinion. Present — Lazansky, P. J., Young, Carswell, Tompkins and Johnston, JJ.