Appellate Division of the Supreme Court of New York, 1959

Schwartzberg v. McHugh

Schwartzberg v. McHugh
Appellate Division of the Supreme Court of New York · Decided March 11, 1959
8 A.D.2d 570; 184 N.Y.S.2d 582; 1959 N.Y. App. Div. LEXIS 9656
Schwartzberg v. McHugh

Opinion of the Court

Appeal from an order of the Supreme Court at Special Term which denied a petition under article 78 of the Civil (Practice Act which sought to annul a determination of the Commissioner of Correction in refusing to allow a discretionary reduction of sentence on petitioner’s minimum sentence. Special Term properly denied the motion and dismissed the proceeding on the authority of People ex rel. Williams v. Jackson (5 A D 2d 922). Order unanimously affirmed, without costs. Present — Foster, P. J., Bergan, Coon, Herlihy and Reynolds, JJ.

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