People ex rel. McNair v. Allard

Appellate Division of the Supreme Court of New York

People ex rel. McNair v. Allard

305 A.D.2d 1099, 759 N.Y.S.2d 721, 2003 N.Y. App. Div. LEXIS 4886

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

DecidedMay 2, 2003

StatusPublished

This text of 305 A.D.2d 1099 (People ex rel. McNair v. Allard) 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. McNair v. Allard, 305 A.D.2d 1099, 759 N.Y.S.2d 721, 2003 N.Y. App. Div. LEXIS 4886 (N.Y. Ct. App. 2003).

Pincite

Opinion

—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Fahey, J.), entered January 24, 2002, which dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner filed a petition seeking a writ of habeas corpus, alleging, inter alia, that the New York State Department of Correctional Services erred in computing his release date. Supreme Court properly converted the proceeding to one pursuant to CPLR article 78 and properly dismissed the petition as lacking in merit. Petitioner contends that he is entitled to a hearing with respect to his correct conditional release date. Petitioner, however, has failed to demonstrate the existence of a factual issue that would warrant a hearing (cf. Matter of Birden v Department of Correctional Servs., 134 AD2d 843, 843-844 [1987]). Present — Green, J.P., Hurlbutt, Scudder, Burns and Hayes, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal from a judgment (denominated order) of Supreme Court, Erie County (Fahey, J.), entered January 24, 2002, which dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Petitioner filed a petition seeking a writ of habeas corpus, alleging, inter alia, that the New York State Department of Correctional Services erred in computing his release date. Supreme Court properly converted the proceeding to one pursuant to CPLR article 78 and properly dismissed the petition as lacking in merit. Petitioner contends that he is entitled to a hearing with respect to his correct conditional release date. Petitioner, however, has failed to demonstrate the existence of a factual issue that would warrant a hearing (cf. Matter of Birden v Department of Correctional Servs., 134 AD2d 843, 843-844 [1987]). Present — Green, J.P., Hurlbutt, Scudder, Burns and Hayes, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

305 A.D.2d 1099, 759 N.Y.S.2d 721, 2003 N.Y. App. Div. LEXIS 4886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-mcnair-v-allard-nyappdiv-2003.

Opinion

Related

Cite This Page — Counsel Stack