Legal Opinion

Catanzaro v. Martin

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

Decided April 28, 1954Published

1Opinion of the Court

Order affirmed. Memorandum: The action of the warden in charging prisoner with the loss of so-called punishment and unearned time is tentative only (Correction Law, § 230, subd. 4) and does not become effective until such time as the prison board may determine the allowance or disallowance thereof. (Correction Law, §§ 235, 236.) In this respect the prison board is vested with sole authority, and its determination, being a judicial function, is not subject to review if done according to law. (Correction Law, § 236; People ex rel. 8carola v. Jackson, 276 App. Div. 939; cf. Matter of O’Connor v.…

2Cases cited1 opinion

  1. O'Connor v. State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1945

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