Piersma v. Henderson

• Citation: 380 N.E.2d 164,44 N.Y.2d 982,408 N.Y.S.2d 332
• Parties: , 380 N.E.2d 164 In the Matter of Joanne H. PIERSMA, on behalf of Kenneth Majors, Respondent, v. Robert J. HENDERSON, as Superintendent of the Auburn Correctional Facility, Appellant. In the Matter of Robert SMITH, Respondent, v. CHAIRMAN OF the NEW YORK STATE BOARD OF PAROLE et al., Appellants.
• Decision Date: 06 July 1978
• Court: New York Court of Appeals

Page 332

408 N.Y.S.2d 332

44 N.Y.2d 982, 380 N.E.2d 164

In the Matter of Joanne H. PIERSMA, on behalf of Kenneth

Majors, Respondent, v. Robert J. HENDERSON, as Superintendent of the Auburn

Correctional Facility, Appellant.

In the Matter of Robert SMITH, Respondent, v. CHAIRMAN OF the NEW YORK STATE BOARD OF PAROLE et al., Appellants.

Court of Appeals of New York.

July 6, 1978.

Louis J. Lefkowitz, Atty. Gen. (Frederick R. Walsh and Jean M. Coon, Albany, of counsel), for appellants.

Amanda Potterfield and Daniel J. Steinbock, Albany, for respondents.

OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs, in each case.

The parole detainer warrants were properly dismissed. (People ex rel. Walsh v. Vincent, 40 N.Y.2d 1049, 392 N.Y.S.2d 240, 360 N.E.2d 919; Matter of Beattie v. New York State Bd. of Parole, 39 N.Y.2d 445, 384 N.Y.S.2d 397, 348 N.E.2d 873.) It is of no significance for present purposes that the parolees in these cases were being held on new commitments rather than only on new arrest charges.

BREITEL and GABRIELLI, JONES, WACHTLER and FUCHSBERG, JJ., concur in memorandum.

JASEN and COOKE, JJ., concur on constraint of People ex rel. Walsh v. Vincent, 40 N.Y.2d 1049, 392 N.Y.S.2d 240, 360 N.E.2d 919.

In each case: Order affirmed.