Legal Opinion

Boddie v. New York State Division of Parole

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

Decided April 18, 2002PublishedCited by 8 opinions

1Opinion of the Court

Mercure, J.P.

Appeal from a judgment of the Supreme Court (Keegan, J.), entered July 20, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to exhaust administrative remedies.

Petitioner contends that the Board of Parole erred by failing to postpone his parole hearing in order to await a corrected version of his presentence report. Supreme Court properly dismissed the petition because, at the time petitioner commenced this proceeding, he had not yet exhausted his administrative remedies (see, Matter of…

2Cases cited3 opinions

  1. Howard v. TravisAppellate Division of the Supreme Court of the State of New York · 2000
  2. Whitehead v. RussiAppellate Division of the Supreme Court of the State of New York · 1994
  3. Richburg v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by8 opinions

  1. Boddie v. New York State Division of ParoleDistrict Court, S.D. New York · 2003
  2. Bodie v. MorgenthauDistrict Court, S.D. New York · 2004
  3. Boddie v. New York State Division of ParoleDistrict Court, S.D. New York · 2003
  4. Robinson v. BennettAppellate Division of the Supreme Court of the State of New York · 2002
  5. Matter of Mayeri v. Commissioner of the N.Y. State Dept. of Motor Vehs.Appellate Division of the Supreme Court of the State of New York · 2021

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