Healey v. Ward

Appellate Division of the Supreme Court of New York

Healey v. Ward

49 A.D.2d 989, 374 N.Y.S.2d 152, 1975 N.Y. App. Div. LEXIS 11317

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

DecidedOctober 30, 1975

StatusPublished

Cited by1 cases

This text of 49 A.D.2d 989 (Healey v. Ward) 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

Healey v. Ward, 49 A.D.2d 989, 374 N.Y.S.2d 152, 1975 N.Y. App. Div. LEXIS 11317 (N.Y. Ct. App. 1975).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered April 21, 1975 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review the determination of the Department of Correction as to his maximum expiration, conditional release, and parole eligibility dates and to require compliance with sections 218 and 219 of the former Correction Law. The issues raised by petitioner in this proceeding were all raised by him in a prior application which was dismissed on the merits. This court affirmed without opinion (Matter of Healey v Preiser, 47 AD2d 598, mot for lv to app den 36 NY2d 646). Accordingly, Special Term properly dismissed the present petition on the ground of res judicata. We note that several parole revocation hearings have been scheduled and postponed because petitioner appeared without counsel. Another such hearing is scheduled and if petitioner thereafter asserts he was denied the assistance of counsel, the remedies of a timely CPLR article 78 proceeding or a writ of habeas corpus are available to him. Judgment affirmed, without costs. Greenblott, J. P., Kane, Koreman, Larkin and Reynolds, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered April 21, 1975 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review the determination of the Department of Correction as to his maximum expiration, conditional release, and parole eligibility dates and to require compliance with sections 218 and 219 of the former Correction Law. The issues raised by petitioner in this proceeding were all raised by him in a prior application which was dismissed on the merits. This court affirmed without opinion (Matter of Healey v Preiser, 47 AD2d 598, mot for lv to app den 36 NY2d 646). Accordingly, Special Term properly dismissed the present petition on the ground of res judicata. We note that several parole revocation hearings have been scheduled and postponed because petitioner appeared without counsel. Another such hearing is scheduled and if petitioner thereafter asserts he was denied the assistance of counsel, the remedies of a timely CPLR article 78 proceeding or a writ of habeas corpus are available to him. Judgment affirmed, without costs. Greenblott, J. P., Kane, Koreman, Larkin and Reynolds, JJ., concur.

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Bluebook (online)

49 A.D.2d 989, 374 N.Y.S.2d 152, 1975 N.Y. App. Div. LEXIS 11317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/healey-v-ward-nyappdiv-1975.

Opinion

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