Browne v. New York State Bd of Parole

• Decision Date: 16 January 1961
• Citation: 12 A.D.2d 800,211 N.Y.S.2d 1014
• Parties: Application of Michael BROWNE, Petitioner-Respondent, for an order pursuant to article 78 of the Civil Practice Act, v. NEW YORK STATE BOARD OF PAROLE and New York State Department of Correction, Appellants.
• Court: New York Supreme Court — Appellate Division

Page 1014

211 N.Y.S.2d 1014

12 A.D.2d 800

Application of Michael BROWNE, Petitioner-Respondent, for an

order pursuant to article 78 of the Civil Practice Act,

v.

NEW YORK STATE BOARD OF PAROLE and New York State Department

of Correction, Appellants.

Supreme Court of New York, Appellate Division,

Second Department.

Jan. 16, 1961.

Louis J. Lefkowitz, New York City, Geo. K. Bernstein, New York City, of counsel, for appellant.

Joseph Lonardo, Long Island City, for respondent.

In a proceeding pursuant to article 78 of the Civil Practice Act, the New York State Board of Parole and New York State Department of Correction appeal from an order of the Supreme Court, Queens County, dated September 16, 1960, granting the petition and directing them, inter alia: (a) to correct their records so as to state that the two sentences imposed upon petitioner run concurrently and not consecutively; and (b) to parole or discharge petitioner as provided by law. Order affirmed, with costs. No opinion.

NOLAN, P. J., and UGHETTA, KLEINFELD, CHRIST and PETTE, JJ., concur.