MATTER OF PIERSMA v. HENDERSON, 44 N.Y.2d 982 (1978)

408 N.Y.S.2d 332, 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 NEW YORK STATE BOARD OF PAROLE et al., Appellants.

Court of Appeals of the State of New York.Argued June 8, 1978
Decided July 6, 1978

Page 983

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH J. RYBARCZYK, J., DANIEL A. DE PASQUALE, J.

Page 984

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh an Jean M. Coon of counsel), for appellants.

Amanda Potterfield and Daniel J. Steinbock for respondents.

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; Matter of Beattie v New York State Bd. of Parole, 39 N.Y.2d 445.) 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.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judges JASEN and COOKE concur on constraint of People ex rel. Walsh v Vincent (40 N.Y.2d 1049).

In each case: Order affirmed.

Page 985