Legal Opinion

People ex rel. Kurzynski v. Hunt

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

Decided June 28, 1939PublishedCited by 4 opinions

1Opinion of the Court

— Order affirmed, without costs of this appeal to either party. Memorandum: “ The action of the Parole Board in revoking relator’s parole, and in ordering him returned to prison, is not subject to review in this proceeding.” (People ex rel. Kurzynski v. Hunt, 250 App. Div. 378.) Had relator not waived extradition proceedings and consented to return voluntarily, he could have been extradited as a fugitive from justice. (People ex rel. Hutchings v. Mallon, 218 App. Div. 461, 465, 468; affd., 245 N. Y. 521.) The means employed to return the relator to this State do not relate to the restraint…

2Cases cited5 opinions

  1. Pettibone v. NicholsSupreme Court of the United States · 1906
  2. People ex rel. Hutchings v. MallonAppellate Division of the Supreme Court of the State of New York · 1926
  3. People ex rel. Kurzynski v. HuntAppellate Division of the Supreme Court of the State of New York · 1937
  4. People v. DileoAppellate Division of the Supreme Court of the State of New York · 1920
  5. People Ex Rel. Hutchings v. MallonNew York Court of Appeals · 1927

3Cited by4 opinions

  1. Commonwealth Ex Rel. Rushkowski v. BurkeSuperior Court of Pennsylvania · 1952
  2. People v. PaganNew York Supreme Court · 1975
  3. People v. Thang Thanh NguyenNew York Supreme Court · 1998
  4. People ex rel. Sharkey v. MartinAppellate Division of the Supreme Court of the State of New York · 1955

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