Opinion
June 30, 1943.
Appeal from an order of a Special Term of the Supreme Court, Albany County, entered March 1, 1943, which dismissed on the merits appellant's petition for an order restraining respondent from exercising its official duties and "placing a total injunction against the New York State Parole Board as such." Appellant is confined in Auburn prison under a commitment of the Court of General Sessions of the County of New York, issued February 15, 1938, directing that he be confined for an indeterminate term of not less than five nor more than ten years, less 94 days jail time, upon his conviction by plea of guilty of the crime of attempted forgery, second degree, as a third offender. On March 27, 1941, the Governor granted a conditional reduction of the minimum of his sentence to April 15, 1941, making him eligible for parole after that date. This reduction was made "in order that he may apply to the Board of Parole of State Prisons for parole in accordance with the provisions of the law and the rules and regulations governing parole, under the conditions that he does not offend against the laws of the State or the rules of the prison and willingly and efficiently performs the duties assigned to him prior to his release on parole." In the meantime and on March 4, 1941, appellant appeared before the Parole Board which at that time determined to hold him for the full minimum of his sentence and for reconsideration. On October 8, 1942, the Board again considered appellant's case and continued until this present legal proceeding was disposed of or when the inmate requested a hearing. Appellant now seeks to restrain the Board from exercising its official duties. Order affirmed, without costs. All concur. [ 179 Misc. 397.]