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Speed v. Regan

50 A.D.2d 1100, 377 N.Y.S.2d 343, 1975 N.Y. App. Div. LEXIS 12135
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 17, 1975
StatusPublished
Cited by10 cases

This text of 50 A.D.2d 1100 (Speed v. Regan) 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
Speed v. Regan, 50 A.D.2d 1100, 377 N.Y.S.2d 343, 1975 N.Y. App. Div. LEXIS 12135 (N.Y. Ct. App. 1975).

Opinion

Judgment unanimously reversed and matter remitted to Board of Parole for further proceedings in accordance with the following memorandum: Petitioner, an Attica inmate, commenced this article 78 proceeding against respondent, as chairman of the New York State Board of Parole, seeking a judgment directing the board to furnish him with reasons why his minimum period of imprisonment was established at four years. Supreme Court, Wyoming County, held that reasons must be given when the board establishes a minimum period of imprisonment and ordered that petitioner either be resentenced or released from custody. Petitioner was entitled to be given reasons why the board established his minimum period of imprisonment at four years (Matter of Festus v Regan, 50 AD2d 1084). The court was in error, however, in directing that he be resentenced or released as a consequence. The proper remedy is a judgment directing the board to give the reasons as demanded by petitioner (CPLR 7806). (Appeal from judgment of Supreme Court, Wyoming County, ordering petitioner returned to trial court for resentence and in default thereof ordering petitioner discharged.) Present— Marsh, P. J., Moule, Cardamone, Simons and Witmer, JJ.

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Related

People ex rel. Denham v. Ward
118 Misc. 2d 836 (New York Supreme Court, 1983)
Rogers v. Hammock
100 Misc. 2d 280 (New York Supreme Court, 1979)
People ex rel. Holmes v. Smith
61 A.D.2d 1128 (Appellate Division of the Supreme Court of New York, 1978)
Regan v. New York State Board of Parole
93 Misc. 2d 340 (New York Supreme Court, 1978)
People ex rel. Long v. New York State Board of Parole
92 Misc. 2d 895 (New York Supreme Court, 1977)
People ex rel. Moccio v. Henderson
55 A.D.2d 1039 (Appellate Division of the Supreme Court of New York, 1977)
Greene v. Smith
52 A.D.2d 292 (Appellate Division of the Supreme Court of New York, 1976)
People ex rel. Cook v. Smith
52 A.D.2d 1085 (Appellate Division of the Supreme Court of New York, 1976)
Van Luven v. Henderson
52 A.D.2d 1042 (Appellate Division of the Supreme Court of New York, 1976)
People ex rel. Ward v. Smith
52 A.D.2d 755 (Appellate Division of the Supreme Court of New York, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
50 A.D.2d 1100, 377 N.Y.S.2d 343, 1975 N.Y. App. Div. LEXIS 12135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/speed-v-regan-nyappdiv-1975.