People ex rel. Cropsey v. Townsend

• Citation: 112 N.E. 384,218 N.Y. 615
• Parties: PEOPLE ex rel. CROPSEY, Dist. Atty., v. TOWNSEND et al., Board of Parole.
• Decision Date: 18 April 1916
• Court: New York Court of Appeals

218 N.Y. 615

112 N.E. 384

PEOPLE ex rel. CROPSEY, Dist. Atty.,

v.TOWNSEND et al., Board of Parole.

Court of Appeals of New York.

April 18, 1916.

Appeal from Supreme Court, Appellate Division, Second Department.

Application by the People of the State of New York, on the relation of James C. Cropsey, as District Attorney of Kings County against William Townsend and others, individually and as the Board of Parole for State Prisons. From an order of the Appellate Term (157 N. Y. Supp. 1140), affirming an order, applicant appeals. Order affirmed, without prejudice to renewal of application.

James C. Cropsey, Dist. Atty., of Brooklyn (Ralph E. Hemstreet, of Brooklyn, of counsel), for appellant.

Edward G. Griffin, of Albany, for respondents.

PER CURIAM.

We think that Bassi, the paroled prisoner, was a necessary party to this proceeding (Matter of Jones v. Willcox, 80 App. Div. 167, 170,80 N. Y. Supp. 420;Powell v. People, 214 Ill. 475, 73 N. E. 795,105 Am. St. Rep. 117,2 Ann. Cas. 551; Rex v. Bankes, 3 Burr. 1452), and the failure to make him a party leaves us unable to determine the validity of the parole.

The order should be affirmed, without prejudice to the renewal of the application when the proper parties are before the court.

WILLARD BARTLETT, C. J., and CHASE, COLLIN, CUDDEBACK, CARDOZO, SEABURY, and POUND, JJ., concur.

Order affirmed, etc.