Legal Opinion
People ex rel. Cook v. Mantello
Appellate Division of the Supreme Court of the State of New York
Decided January 29, 1988PublishedCited by 1 opinion
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The record establishes that at the time relator commenced this habeas corpus proceeding to challenge the timeliness of his parole revocation hearing, relator was incarcerated as a result of an unrelated conviction. Because he would not be eligible for immediate release from custody should he succeed on the merits of the proceeding, the remedy of habeas corpus is unavailable (People ex rel. Brown v New York State Div. of Parole, 70 NY2d 391; People ex rel. Maiello v New York State Bd. of Parole, 101 AD2d 569, 573, affd 65 NY2d 145). This court could…
2Cases cited5 opinions
- People ex rel. Brown v. New York State Division of ParoleNew York Court of Appeals · 1987
- Maiello v. NYS BD. OF PAROLENew York Court of Appeals · 1985
- Soto v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1985
- People ex rel. Maiello v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1984
- Soto v. New York State Board of ParoleNew York Court of Appeals · 1985
3Cited by1 opinion
- Hunter v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1990