People ex rel. Davila v. Chairman, New York State Division of Parole

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.