Legal Opinion
Blake v. New York State Department of Correction
New York Supreme Court
Decided July 13, 1972PublishedCited by 2 opinions
1Opinion of the CourtJohn H. Pennock, J.
The petitioner, now incarcerated in Sing Sing, a State penal institution, brings this article 78 proceeding to review a determination of the respondent, New York State Department of Correctional .Services’ Parole Board.
The petitioner and respondent raise procedural questions as follows:
1. Petitioner urges that respondent’s counsel, the Attorney-General, submitted an additional pleading. (CPLR 7804, subd. [d].) The court disagrees and accepts all pleadings.
2. Respondent urges, and sets forth, that petitioner had not commenced this proceeding within the statutory period of four months. (CPLR…
2Cases cited2 opinions
- United States v. Bernard GainesCourt of Appeals for the Second Circuit · 1971
- Paul D. McGinnis Commissioner of Correction v. United States Ex Rel. Milton PollackCourt of Appeals for the Second Circuit · 1971
3Cited by2 opinions
- Walters v. StateCourt of Appeals of Alaska · 1990
- La Viscount v. CoughlinNew York Supreme Court · 1980