People ex rel. Conklin v. New York State Division of Parole

Order unanimously affirmed, without costs. This proceeding was erroneously treated toy respondents as an application for a writ of habeas corpus. The petition states that the “proceeding is initiated under Article 78 of the Civil Practice Act * *' * to compel the herein designated respondents to perform the duties specifically enjoined by law.” The petitioner claims that the Parole Board failed to give him a hearing as required by section 218 of the Correction Law before passing upon charges relating to misconduct while a prison inmate. We find that appellant had a hearing -before the board…