Legal Opinion
Midgette v. New York State Division of Parole
Appellate Division of the Supreme Court of the State of New York
Decided February 23, 2010PublishedCited by 5 opinions
1Opinion of the Court
In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole dated September 24, 2007, denying the petitioner’s application to be released to parole, the appeal is from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated January 7, 2009, which granted the petition, annulled the determination, and remitted the matter to the New York State Division of Parole for a reconstruction hearing as to the petitioner’s sentencing or, in the alternative, a de novo parole hearing at which it must afford the petitioner a favorable inference on…
2Cases cited9 opinions
- MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
- Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
- MATTER OF BRIGUGLIO v. Bd. of ParoleNew York Court of Appeals · 1969
- McLain v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1994
- Porter v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by5 opinions
- Duffy v. New York State DivisionAppellate Division of the Supreme Court of the State of New York · 2010
- Santiago v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2010
- Martinez v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2010
- Goldberg v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2013
- Goldberg v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2013