Tomarkin v. Bombard

Appeals from two judgments of the Supreme Court, Dutchess County, (1) one dated February 18, 1977, which, in consolidated proceedings pursuant to CPLR article 78, directed petitioner’s immediate release on parole in the interest of justice and (2) one dated March 4, 1977, which, in a habeas corpus proceeding, again directed petitioner’s release from custody under the supervision of the State Board of Parole in the interest of justice. Judgments reversed, on the law, without costs or disbursements, proceedings dismissed on the merits, and petitioner is remanded to the custody of the…