People ex rel. Williams v. La Vallee

Appellate Division of the Supreme Court of New York

People ex rel. Williams v. La Vallee

42 A.D.2d 662, 346 N.Y.S.2d 527, 1973 N.Y. App. Div. LEXIS 4023

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

DecidedJune 28, 1973

StatusPublished

This text of 42 A.D.2d 662 (People ex rel. Williams v. La Vallee) 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. Williams v. La Vallee, 42 A.D.2d 662, 346 N.Y.S.2d 527, 1973 N.Y. App. Div. LEXIS 4023 (N.Y. Ct. App. 1973).

Pincite

Opinion

Appeal from a judgment of the Supreme Court at Special Term, entered November 20, 1972 in Clinton County, which denied a writ of habeas corpus without a hearing. The appellant’s petition sets forth that, among other things, when he met the parole board on July 20, 1971 he was denied parole because he refused to drop all of his legal matters pending in courts. The petition does not establish that at the time he met the parole board he had any such legal matters pending in courts in regard to the legality of his imprisonment or in regard to other litigation for personal injuries. Special Term noted in its decision that the petition was entirely argumentative, and it is certain that the petition is insufficient insofar as setting forth facts which would indicate that the parole board had not proceeded in accordance with law. [663]*663(See Correction Law, § 212, subd. 10.) Furthermore, as noted by the respondent, the petition does not sufficiently comply with the requirements of CPLR 7002 (subd. [c]). Judgment affirmed, without costs. Herlihy, P. J., Staley, Jr., Sweeney, Kane and Reynolds, JJ., concur.

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Appeal from a judgment of the Supreme Court at Special Term, entered November 20, 1972 in Clinton County, which denied a writ of habeas corpus without a hearing. The appellant’s petition sets forth that, among other things, when he met the parole board on July 20, 1971 he was denied parole because he refused to drop all of his legal matters pending in courts. The petition does not establish that at the time he met the parole board he had any such legal matters pending in courts in regard to the legality of his imprisonment or in regard to other litigation for personal injuries. Special Term noted in its decision that the petition was entirely argumentative, and it is certain that the petition is insufficient insofar as setting forth facts which would indicate that the parole board had not proceeded in accordance with law. [663]*663(See Correction Law, § 212, subd. 10.) Furthermore, as noted by the respondent, the petition does not sufficiently comply with the requirements of CPLR 7002 (subd. [c]). Judgment affirmed, without costs. Herlihy, P. J., Staley, Jr., Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

42 A.D.2d 662, 346 N.Y.S.2d 527, 1973 N.Y. App. Div. LEXIS 4023, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-williams-v-la-vallee-nyappdiv-1973.

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