People ex rel. Johnson v. Bartlett

Appellate Division of the Supreme Court of New York

People ex rel. Johnson v. Bartlett

203 A.D.2d 839, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4433

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

DecidedApril 28, 1994

StatusPublished

This text of 203 A.D.2d 839 (People ex rel. Johnson v. Bartlett) 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

People ex rel. Johnson v. Bartlett, 203 A.D.2d 839, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4433 (N.Y. Ct. App. 1994).

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Opinion

—Appeal from a judgment of the Supreme Court (Ellison, J.), entered July 15, 1993 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner challenges the revocation of his parole, but it appears that he never perfected an administrative appeal from that determination. It is well settled that a habeas corpus proceeding is unwarranted where full relief may be obtained in other more appropriate proceedings. Moreover, petitioner has not complied with the requirements of CPLR 7002 (c). In the absence of proof warranting a departure from traditional orderly procedure, petitioner’s application for a writ of habeas corpus was properly denied.

Mikoll, J. P., Mercure, Crew III, Weiss and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Ellison, J.), entered July 15, 1993 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner challenges the revocation of his parole, but it appears that he never perfected an administrative appeal from that determination. It is well settled that a habeas corpus proceeding is unwarranted where full relief may be obtained in other more appropriate proceedings. Moreover, petitioner has not complied with the requirements of CPLR 7002 (c). In the absence of proof warranting a departure from traditional orderly procedure, petitioner’s application for a writ of habeas corpus was properly denied.

Mikoll, J. P., Mercure, Crew III, Weiss and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

203 A.D.2d 839, 612 N.Y.S.2d 969, 1994 N.Y. App. Div. LEXIS 4433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-johnson-v-bartlett-nyappdiv-1994.