Jones v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Jones v. New York State Board of Parole

32 A.D.2d 739, 301 N.Y.S.2d 737, 1969 N.Y. App. Div. LEXIS 4008

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

DecidedMay 15, 1969

StatusPublished

This text of 32 A.D.2d 739 (Jones 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

Jones v. New York State Board of Parole, 32 A.D.2d 739, 301 N.Y.S.2d 737, 1969 N.Y. App. Div. LEXIS 4008 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order unanimously reversed and proceeding remitted to Supreme Court, Cayuga County for further proceedings in accordance with the following Memorandum: Appellant applied for the issuance of an order to show cause directed to respondents. The petition set forth sufficient facts to warrant institution of the proceeding. Special Term, however, declined to sign the show cause order and dismissed the petition upon a holding that there was “no merit to this application.” Upon this appeal respondents attempt to meet the issues tendered in the petition by a lengthly recital in their brief of the pertinent facts. This, of course, is not sufficient to meet the allegations in the verified petition. The proceeding is remitted with [740]*740leave to respondents to file a verified answer together with such documentary proof as they may elect to submit. Thereafter the tendered issues should be decided. (Appeal from order of Cayuga Supreme Court denying petition to be credited with time served.) Present — Goldman, P. J., Witmer, Gabrielli, Bastow and Henry, JJ.

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Order unanimously reversed and proceeding remitted to Supreme Court, Cayuga County for further proceedings in accordance with the following Memorandum: Appellant applied for the issuance of an order to show cause directed to respondents. The petition set forth sufficient facts to warrant institution of the proceeding. Special Term, however, declined to sign the show cause order and dismissed the petition upon a holding that there was “no merit to this application.” Upon this appeal respondents attempt to meet the issues tendered in the petition by a lengthly recital in their brief of the pertinent facts. This, of course, is not sufficient to meet the allegations in the verified petition. The proceeding is remitted with [740]*740leave to respondents to file a verified answer together with such documentary proof as they may elect to submit. Thereafter the tendered issues should be decided. (Appeal from order of Cayuga Supreme Court denying petition to be credited with time served.) Present — Goldman, P. J., Witmer, Gabrielli, Bastow and Henry, JJ.

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Bluebook (online)

32 A.D.2d 739, 301 N.Y.S.2d 737, 1969 N.Y. App. Div. LEXIS 4008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-new-york-state-board-of-parole-nyappdiv-1969.