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In the Matter of JOANNE H. PIERSMA, on Behalf of KENNETH MAJORS, Respondent, v. ROBERT J. HENDERSON, as Superintendent of the Auburn Correctional Facility, Appellant. In the Matter of ROBERT SMITH, Respondent,

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.

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MATTER OF PIERSMA v. HENDERSON
(Jul 6, 1978)