Opinion
Argued June 8, 1978
Decided July 6, 1978
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH J. RYBARCZYK, J., DANIEL A. DE PASQUALE, J.
Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel), for appellants.
Amanda Potterfield and Daniel J. Steinbock for respondents.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs, in each case.
The parole detainer warrants were properly dismissed. (People ex rel. Walsh v Vincent, 40 N.Y.2d 1049; Matter of Beattie v New York State Bd. of Parole, 39 N.Y.2d 445.) It is of no significance for present purposes that the parolees in these cases were being held on new commitments rather than only on new arrest charges.
Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum; Judges JASEN and COOKE concur on constraint of People ex rel. Walsh v Vincent ( 40 N.Y.2d 1049).
In each case: Order affirmed.