Legal Opinion
People ex rel. Robertson v. New York State Division
New York Court of Appeals
Decided April 3, 1986PublishedCited by 26 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Issues of fact in a habeas corpus proceeding on which depend the legality of the continued detention of an alleged parole violator are to be tried by the court issuing the writ, not by the Parole Board. The effect of an order transferring such issues to the Parole Board for hearing is to terminate the habeas corpus proceeding. That order was, therefore, final and appealable to the Appellate Division, but a second order entered in the proceeding denying relator’s application for the issuance of subpoenas duces tecum was intermediate and not appealable. The order of…
2Cases cited26 opinions
- Nassau Boces Central Council of Teachers v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1984
- People Ex Rel. Shapiro v. Keeper of City PrisonNew York Court of Appeals · 1943
- People Ex Rel. Levy v. DalsheimNew York Court of Appeals · 1980
- People ex rel. Levy v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1978
- People Ex Rel. Woodbury v. . HendrickNew York Court of Appeals · 1915
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Derry Sykes v. John James, New York State Parole OfficerCourt of Appeals for the Second Circuit · 1993
- UHING ON BEHALF OF JONES v. UhingNebraska Supreme Court · 1992
- People ex rel. Shaffer v. KuhlmannAppellate Division of the Supreme Court of the State of New York · 1991
- People ex rel. Coldwell v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1986
- People ex rel. Gray v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1991
21 more not listed; retrieve them via the Exa API.