Legal Opinion
People v. Mantello
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1990PublishedCited by 13 opinions
1Opinion of the Court
Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum: Supreme Court erred in converting petitioner’s petition for a writ of habeas corpus to a CPLR article 78 proceeding, and we modify the judgment to delete that directive. Where the sole basis for petitioner’s continued incarceration is the Board of Parole’s determination to revoke his parole, habeas corpus is an appropriate procedure to challenge the validity of that determination (People ex rel. Saafir v Mantello, 163 AD2d 824; People ex rel. Newcomb v Metz, 64 AD2d 219, 221).
Petitio…
2Cases cited2 opinions
- People ex rel. Newcomb v. MetzAppellate Division of the Supreme Court of the State of New York · 1978
- People ex rel. Saafir v. MantelloAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by13 opinions
- People ex rel. Brazeau v. McLaughlinAppellate Division of the Supreme Court of the State of New York · 1996
- Zientek v. HerbertAppellate Division of the Supreme Court of the State of New York · 1993
- Milburn v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1991
- Hampton v. KirkpatrickAppellate Division of the Supreme Court of the State of New York · 2011
- Johnson v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2015
8 more not listed; retrieve them via the Exa API.