Dixon v. Chairman of New York State Board of Parole

Appeal from a judgment of the Supreme Court at Special Term, entered January 24, 1977, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78. The issue presented by the parties to this proceeding is whether or not the respondent pursuant to section 75.10 of the Penal Law may add delinquent time of a prior reformatory sentence to a subsequent maximum expiration date imposed for a crime committed while on parole. On June 30, 1977 the Court of Appeals affirmed the case of Matter of Balmer v New York State Bd. of Parole (42 NY2d 939, affg 54 AD2d 979). In the…