Roy v. Murphy

This proceeding is considered by me as one brought pursuant to article 78 of the Civil Practice Act to require respondent to release the petitioner subject to the supervision of the Board of Parole in accordance with the provisions *503of subdivision 4 of section 230 of the Correction Law as effective July 1,1962.

On November 18, 1953 petitioner was sentenced to imprisonment for a term of not less than 5 nor more than 10 years. He was paroled January 14, 1959, violated his parole, was declared delinquent as of July 9, 1960 and returned to prison on October 14,1960. By reason of time lost between…