Appellate Division of the Supreme Court of New York, 1944

Baum v. Morhous

Baum v. Morhous
Appellate Division of the Supreme Court of New York · Decided May 10, 1944
267 A.D. 1028; 48 N.Y.S.2d 80; 1944 N.Y. App. Div. LEXIS 6085
Baum v. Morhous

Opinion of the Court

Appeal from an order of the Special Term entered in the Washington County clerk’s office on May 5, 1943, denying application for peremptory mandamus. Petitioner asks that he have an order directing the Warden of Great Meadow Prison, where he is confined, to allow him to earn a reduction in his sentence. He was released on parole, the terms of which provided that if he violated Ms parole he should serve the unexpired portion of his sentence without commutation or compensation. He now contends that this condition was illegal. Order affirmed, without costs. Hill, P. J., Bliss, Heffernan and Schenck, JJ., concur; Brewster, J., taking no part.

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