Christian v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Christian v. New York State Board of Parole

51 A.D.2d 741, 379 N.Y.S.2d 478, 1976 N.Y. App. Div. LEXIS 11257

Appellate Division of the Supreme Court of the State of New York·Decided February 9, 1976·Published

Opinion

In a class action for a declaration inter alia that respondent’s procedures applicable to the final revocation hearings of uncounselled parolees violates the Due Process and Equal Protection Clauses of the Constitution, and for related injunctive relief, plaintiffs appeal from an order of the Supreme Court, Dutchess County, dated November 17, 1975, which granted defendant’s motion to dismiss the complaint. Order affirmed, without costs or disbursements. Insofar as the complaint seeks declaratory and injunctive relief relative to the allegedly unlawful procedures employed by the board of parole in general, it was properly dismissed for insufficiency as a matter of law. The remainder of the complaint, wherein plaintiffs sought individual relief, merely duplicated their requests for relief in previously commenced habeas corpus proceedings. Gulotta, P. J., Latham, Margett, Damiani and Christ, JJ., concur.

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In a class action for a declaration inter alia that respondent’s procedures applicable to the final revocation hearings of uncounselled parolees violates the Due Process and Equal Protection Clauses of the Constitution, and for related injunctive relief, plaintiffs appeal from an order of the Supreme Court, Dutchess County, dated November 17, 1975, which granted defendant’s motion to dismiss the complaint. Order affirmed, without costs or disbursements. Insofar as the complaint seeks declaratory and injunctive relief relative to the allegedly unlawful procedures employed by the board of parole in general, it was properly dismissed for insufficiency as a matter of law. The remainder of the complaint, wherein plaintiffs sought individual relief, merely duplicated their requests for relief in previously commenced habeas corpus proceedings. Gulotta, P. J., Latham, Margett, Damiani and Christ, JJ., concur.

Christian v. New York State Board of Parole, 51 A.D.2d 741, 379 N.Y.S.2d 478, 1976 N.Y. App. Div. LEXIS 11257 (N.Y. Ct. App. 1976).

Pincite

51 A.D.2d 741 (Christian v. New York State Board of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.