Semkus v. State
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order, Court of Claims of the State of New York, New York County (Alan Marin, J.), entered *75July 9, 1998, which denied claimant’s motion for partial summary judgment and granted defendant New York State’s cross motion to dismiss the claim, unanimously affirmed, without costs.
Claimant seeks damages for his alleged “illegal incarceration” when the Division of Parole improperly classified him as a “category 2” violator and revoked his parole. Determinations pertaining to parole and its revocation, however, are deemed strictly sovereign and quasi-judicial in nature and, accordingly, the State, in…
2Cases cited2 opinions
- Tarter v. State of New YorkNew York Court of Appeals · 1986
- Lublin v. StateNew York Court of Claims · 1987
3Cited by6 opinions
- Nazario v. StateNew York Court of Claims · 2009
- Witherow v. State Board of Parole CommissionersNevada Supreme Court · 2007
- Mertens v. StateAppellate Division of the Supreme Court of the State of New York · 2010
- Polanco v. StateAppellate Division of the Supreme Court of the State of New York · 2015
- POLANCO, ALBERTO v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2015
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