Legal Opinion
Boyer v. Chairman, New York State Parole Board
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 1993PublishedCited by 5 opinions
1Opinion of the CourtWeiss, P. J.
Appeal from a judgment of the Supreme Court (Kahn, J.), entered August 25, 1992 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for failure to exhaust administrative remedies.
Supreme Court was correct in granting respondent’s motion to dismiss the petition seeking relief pursuant to CPLR article 78 in the nature of prohibition wherein petitioner sought to challenge the results of a final parole revocation hearing on the ground that evidence outside the record was considered by the Administrative Law Judge. Supreme Court…
2Cases cited5 opinions
- Bates v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1988
- Trimaldi v. Superintendent of Washington Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Gray v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Beyah v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1984
- Vasquez v. SenkowskiAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by5 opinions
- People ex rel. Scott v. BabbieAppellate Division of the Supreme Court of the State of New York · 1998
- People ex rel. Gibbs v. New York Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1998
- Boyd v. TravisAppellate Division of the Supreme Court of the State of New York · 2004
- Lee v. New York State Department of ParoleAppellate Division of the Supreme Court of the State of New York · 1998
- People ex rel. McDaniel v. TravisAppellate Division of the Supreme Court of the State of New York · 2001