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

52 N.Y.2d 1057 Court N.Y. Decision date 1981-02-26 English

Contents

Majority

p. 1057
The People of the State of New York ex rel. Eugene Delrow, Appellant, v New York State Division of Parole et al., Respondents.
Decided February 26, 1981
p. 1059
APPEARANCES OF COUNSEL
William E. Hellerstein and Richard Greenberg for appellant.
Robert Abrams, Attorney-General (Frederick R. Walsh of counsel), for respondent.

OPINION OF THE COURT

On summary consideration, order reversed, without costs, and matter remitted to the Appellate Division, First Department, for reconsideration in the light of People ex rel. Gonzales v Dalsheim ( 52 NY2d 9 ), noting, however, that this disposition is without prejudice to either party, if so advised, proceeding in timely fashion, pursuant to either CPLR 5601 or 5602, with respect to the order of the Appellate Division entered after reconsideration.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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