Opinion
November 29, 1949.
Appeal from Washington County Court.
Present — Foster, P.J., Heffernan, Deyo, Santry and Bergan, JJ.
On September 29, 1942, relator pleaded guilty to the crime of grand larceny, second degree, in Washington County and was sentenced as a second offender to a term of from five to ten years. On November 12, 1946, he was paroled so that he might appear in the courts of Massachusetts. He waived extradition and was transferred to the Massachusetts authorities. While in Massachusetts he was arrested on a charge of using a motor vehicle without authority. The parole authorities of New York were notified and he was declared delinquent as of September 15, 1947. On October 8, 1947, a parole warrant was issued for his return to New York. On December 10, 1948, after serving a sentence imposed in Massachusetts, he was returned to Great Meadow Prison and was charged with four years, eight months and eight days delinquent time. On this appeal relator is attacking the authority of the Board of Parole to direct his return to New York State for a parole violation. His return was properly authorized. (Correction Law, §§ 216, 218, 220; People ex rel. Mercurio v. Morhous, 269 App. Div. 796; People ex rel. Gariti v. Brophy, 255 App. Div. 823, appeal dismissed 279 N.Y. 778.) Order unanimously affirmed, without costs.