Majority
p. 769The People of the State of New York ex rel. Ronald Howser, Respondent, v New York State Division of Parole et al., Appellants. Decided September 16, 1982
p. 771
APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Burton Herman of counsel), for appellant.
Jody Leight and William E. Hellerstein for respondent.
opinion of the court
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, without costs, for the reasons stated in the dissenting-in-part memorandum of Justice Max Bloom at the Appellate Division ( 86 AD2d 831 , 832) and matter remitted to Supreme Court, Bronx County, for a hearing in accordance with that dissenting memorandum.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.