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People ex rel. Lebetkin v. New York State Division of Parole

96 A.D.2d 604 Court N.Y. App. Div. Decision date 1983-07-25 English

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p. 604
The People of the State of New York ex rel. Melvin M. Lebetkin, on Behalf of Leon Schwimmer, Appellant, v New York State Division of Parole et al., Respondents.

—• In two habeas corpus proceedings, the petitioner appeals from (1) so much of a judgment of the Supreme Court, Richmond County (Horowitz, J.), dated January 20, 1983, as failed to grant his application for the immediate release of Leon Schwimmer on parole and (2) a judgment of the same court, dated February 7,1983, which denied his application for a writ. Appeals dismissed, without costs or disbursements. The issues involved have been rendered academic by the decision of the Court of Appeals in Matter of Schwimmer v Hammock ( 59 NY2d 636 ). Lazer, J. P., Gulotta, Brown and Boyers, JJ., concur.

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