Legal Opinion

People ex rel. Davidson v. Henderson

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

Decided September 24, 1976PublishedCited by 2 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: In this habeas corpus proceeding relator contends that the reasons given by the Board of Parole in denying him parole are insufficient to comply with the requirements of subdivision 6 of section 214 of the Correction Law and fail to satisfy constitutional due process guarantees. He seeks release from custody. Special Term disallowed the petition. Habeas corpus is not the proper procedure to raise this issue and we treat the matter as a CPLR article 78 proceeding (Matter of Greene v Smith, 52 AD2d 292, app dismd 40 NY2d 826; CPLR 103, subd [e]). The…

2Cases cited3 opinions

  1. Greene v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
  2. People Ex Rel. Ward v. SmithNew York Court of Appeals · 1976
  3. People v. CwiklaAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by2 opinions

  1. Gonzague v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1977
  2. People ex rel. Ford v. BombardAppellate Division of the Supreme Court of the State of New York · 1979

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