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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 9, 1976

StatusPublished

This text of 51 A.D.2d 741 (Christian v. New York State Board of Parole) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

51 A.D.2d 741, 379 N.Y.S.2d 478, 1976 N.Y. App. Div. LEXIS 11257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christian-v-new-york-state-board-of-parole-nyappdiv-1976.