Jackson v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Jackson v. New York State Board of Parole

63 A.D.2d 676, 404 N.Y.S.2d 651, 1978 N.Y. App. Div. LEXIS 11566

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

DecidedMay 8, 1978

StatusPublished

This text of 63 A.D.2d 676 (Jackson 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

Jackson v. New York State Board of Parole, 63 A.D.2d 676, 404 N.Y.S.2d 651, 1978 N.Y. App. Div. LEXIS 11566 (N.Y. Ct. App. 1978).

Pincite

Opinion

In a proceeding to compel respondents to restore petitioner to parole status under one sentence and to credit him with additional jail time against a second sentence, predicated upon the failure to hold a prompt final parole revocation hearing, the appeal is from a judgment of the Supreme Court, Westchester County, dated December 2, 1977, which denied the application and dismissed the proceeding. Judgment affirmed, without costs or disbursements. Petitioner-appellant received a reasonably prompt final hearing in the form of a parole eligibility hearing on May 24, 1977 (cf. People ex rel. Schmidt v La Vallee, 39 NY2d 886). This was six months from the date he requested a final revocation hearing (Nov. 24, 1976); he had previously stated that he did not want such a hearing. Hopkins, J. P., Latham, Damiani and Suozzi, JJ., concur.

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In a proceeding to compel respondents to restore petitioner to parole status under one sentence and to credit him with additional jail time against a second sentence, predicated upon the failure to hold a prompt final parole revocation hearing, the appeal is from a judgment of the Supreme Court, Westchester County, dated December 2, 1977, which denied the application and dismissed the proceeding. Judgment affirmed, without costs or disbursements. Petitioner-appellant received a reasonably prompt final hearing in the form of a parole eligibility hearing on May 24, 1977 (cf. People ex rel. Schmidt v La Vallee, 39 NY2d 886). This was six months from the date he requested a final revocation hearing (Nov. 24, 1976); he had previously stated that he did not want such a hearing. Hopkins, J. P., Latham, Damiani and Suozzi, JJ., concur.

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Bluebook (online)

63 A.D.2d 676, 404 N.Y.S.2d 651, 1978 N.Y. App. Div. LEXIS 11566, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-new-york-state-board-of-parole-nyappdiv-1978.

Opinion

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