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MATTER OF FLORANCE v. DONOVAN

283 A.D. 153 (1953)

In the Matter of Harold Florance, Appellant, v. Edward J. Donovan et al., as Commissioners of Correction of The State of New York, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 22, 1953.

Attorney(s) appearing for the Case

James D. Benson for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Herman N. Harcourt and J. Bruce MacDonald of counsel), for respondents.

BERGAN, COON, HALPERN and IMRIE, JJ., concur.

FOSTER, P. J.

This is an appeal from an order of the Supreme Court which dismissed a petition for an order, pursuant to article 78 of the Civil Practice Act, to review a determination of respondents, who are Commissioners of Correction of the State of New York. The determination sought to be reviewed was that the crime of which petitioner had been convicted by a court-martial would have been a felony if committed...

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