Gencarelli v. McHugh

Appellate Division of the Supreme Court of New York

Gencarelli v. McHugh

13 A.D.2d 567, 214 N.Y.S.2d 664, 1961 N.Y. App. Div. LEXIS 12197

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

DecidedMarch 9, 1961

StatusPublished

This text of 13 A.D.2d 567 (Gencarelli v. McHugh) 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

Gencarelli v. McHugh, 13 A.D.2d 567, 214 N.Y.S.2d 664, 1961 N.Y. App. Div. LEXIS 12197 (N.Y. Ct. App. 1961).

Pincite

Opinion

Appeal by petitioner from an order of the Supreme Court denying and dismissing his petition purporting to be an application for a declaratory judgment pursuant to section 230 of the Correction Law. The lower court has treated the application and petition as a proceeding under article 78 of the Civil Practice Act. The proceeding involves a construction of section 230 of the Correction Law with reference to credit for time earned for good behavior. The question presented is the same as that decided in Matter of Colin v. New York State Parole Board (13 A D 2d 555). Order unanimously affirmed.

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Appeal by petitioner from an order of the Supreme Court denying and dismissing his petition purporting to be an application for a declaratory judgment pursuant to section 230 of the Correction Law. The lower court has treated the application and petition as a proceeding under article 78 of the Civil Practice Act. The proceeding involves a construction of section 230 of the Correction Law with reference to credit for time earned for good behavior. The question presented is the same as that decided in Matter of Colin v. New York State Parole Board (13 A D 2d 555). Order unanimously affirmed.

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Bluebook (online)

13 A.D.2d 567, 214 N.Y.S.2d 664, 1961 N.Y. App. Div. LEXIS 12197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gencarelli-v-mchugh-nyappdiv-1961.