Harris v. New York State Board of Parole

Appeal by petitioner from an order of the Supreme Court at Special Term which dismissed the petition in a proceeding brought under article 78 of the Civil Practice Act to restrain the respondent Board of Parole from denying parole to petitioner. Petitioner sought to institute the proceeding by order to show cause. The Special Term, in- a memorandum decisión, found no basis for the relief sought and returned the proposed order unsigned. Subsequently an order dismissing the petition was entered. Although permissible, an order to show cause is not necessary to commence such a proceeding. (Civ.…