Legal Opinion

D'Onofrio v. Chair of New York State Division of Parole

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

Decided November 19, 2009PublishedCited by 3 opinions

1Opinion of the Court

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Board of Parole which revoked petitioner’s parole.

Petitioner was charged with violating the conditions of his parole when he, among other things, refused to obey a request by parole officers to open the door to his apartment. He waived his *1247right to a preliminary hearing. Following a final parole revocation hearing, his parole was revoked. Petitioner filed an administrative appeal and commenced this CPLR article 78 proceeding when a timely…

2Cases cited3 opinions

  1. Layne v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1998
  2. Williams v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2005
  3. Faulkner v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2006

3Cited by3 opinions

  1. Davis v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2011
  2. Rosario v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2011
  3. Wingate v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2010

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