People ex rel. Thiel v. Dillon

Appellate Division of the Supreme Court of New York

People ex rel. Thiel v. Dillon

70 A.D.2d 778, 417 N.Y.S.2d 534, 1979 N.Y. App. Div. LEXIS 12282

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

DecidedMay 22, 1979

StatusPublished

This text of 70 A.D.2d 778 (People ex rel. Thiel v. Dillon) 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. Thiel v. Dillon, 70 A.D.2d 778, 417 N.Y.S.2d 534, 1979 N.Y. App. Div. LEXIS 12282 (N.Y. Ct. App. 1979).

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Opinion

— Judgment unanimously reversed and matter remitted to the Board of Parole for further proceedings in accordance with the following memorandum: Relator’s parole officer should not have given the information relating to other bad checks ex parte to the Parole Board even though these checks apparently were not discovered until after the hearing. While we do not believe that relator was deprived of procedural due process or his right to counsel, under the circumstances presented, relator’s parole violation should be reviewed by a member of the Parole Board other than the member to whom the ex parte information was sent. (Appeal from judgment of Onondaga Supreme Court — habeas corpus.) Present — Dillon, P. J., Hancock, Jr., Schnepp, Doerr and Moule, JJ.

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— Judgment unanimously reversed and matter remitted to the Board of Parole for further proceedings in accordance with the following memorandum: Relator’s parole officer should not have given the information relating to other bad checks ex parte to the Parole Board even though these checks apparently were not discovered until after the hearing. While we do not believe that relator was deprived of procedural due process or his right to counsel, under the circumstances presented, relator’s parole violation should be reviewed by a member of the Parole Board other than the member to whom the ex parte information was sent. (Appeal from judgment of Onondaga Supreme Court — habeas corpus.) Present — Dillon, P. J., Hancock, Jr., Schnepp, Doerr and Moule, JJ.

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Bluebook (online)

70 A.D.2d 778, 417 N.Y.S.2d 534, 1979 N.Y. App. Div. LEXIS 12282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-thiel-v-dillon-nyappdiv-1979.