Legal Opinion
Hampton v. Kirkpatrick
Appellate Division of the Supreme Court of the State of New York
Decided March 25, 2011PublishedCited by 5 opinions
1Opinion of the Court
Memorandum: We agree with petitioner that Supreme Court (Feroleto, J.), upon determining that petitioner was not entitled to habeas corpus relief, erred in converting this habeas corpus proceeding into one pursuant to CPLR article 78 inasmuch as “the sole basis for petitioner’s continued incarceration is the determination of the Parole Board to revoke petitioner’s parole” (Matter of Zientek v Herbert, 199 AD2d 1075, 1076 [1993]; see People ex rel. Brazeau v McLaughlin, 233 AD2d 724, 725 [1996], lv denied 89 NY2d 810 [1997]; People ex rel. Smith v Mantello, 167 AD2d 912 [1990]). Consequently,…
2Cases cited9 opinions
- People ex rel. Brazeau v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1996
- Currie v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2002
- People ex rel. Shannon v. KhahaifaAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Fryer v. BeaverAppellate Division of the Supreme Court of the State of New York · 2002
- People v. MantelloAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by5 opinions
- Wilson v. EvansAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Shoga v. AnnucciAppellate Division of the Supreme Court of the State of New York · 2021
- People ex rel. Floyd v. Department of Corr. & Community SupervisionAppellate Division of the Supreme Court of the State of New York · 2023
- WILSON, ANTONIO v. EVANS, ANDREA W.Appellate Division of the Supreme Court of the State of New York · 2013
- Wilson v. EvansAppellate Division of the Supreme Court of the State of New York · 2013