Legal Opinion

Wilson v. Goord

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

Decided February 16, 2000PublishedCited by 1 opinion

1Opinion of the Court

—Judgment unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Supreme Court erred in denying respondents’ motion to dismiss the petition. Petitioner’s administrative appeal was pending at the time petitioner commenced this CPLR article 78 proceeding. “[J]udicial review of any alleged errors in the parole process is precluded prior to the exhaustion of * * * administrative remedies” (Matter of La Bounty v Russi, 208 AD2d 1071, appeal dismissed and lv denied 85 NY2d 889; see also, Matter of Hough v New York State Bd. of Parole, 235 AD2d 862, lv…

2Cases cited3 opinions

  1. Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
  2. La Bounty v. RussiAppellate Division of the Supreme Court of the State of New York · 1994
  3. Hough v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by1 opinion

  1. People ex rel. Martinez v. BeaverAppellate Division of the Supreme Court of the State of New York · 2004

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