Thomas Palermo and Sheldon Saltzman v. Warden, Green Haven State Prison, and Russell Oswald

I respectfully dissent.

As stated by Chief Judge John R. Brown in Geisser v. United States, 513 F.2d 862, 863 (5th Cir. 1975), “[t]his is an extraordinary case calling for extraordinary action.” In this habeas corpus proceeding, originally instituted as a 42 U.S.C. § 1983 action, the majority expands the jurisdiction of a district attorney of one county to (i) bind the Board of Parole of the State of New York, (ii) emasculate an indeterminate sentence with a maximum of 25 years previously imposed upon the petitioner, Palermo, by a state court in another county, and (iii) substitute therefor a…