Legal Opinion

Abbott v. Kelly

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

Decided December 23, 1988PublishedCited by 1 opinion

1Opinion of the Court

— Judgment unanimously reversed on the law and petition granted in part, in accordance with the following memorandum: The determination which rescinded petitioner’s parole status must be annulled because the parole rescission proceedings were conducted pursuant to rules contained in the "Parole Rescission Hearing-Policy and Procedure” manual of the Division of Parole which had not been filed with the Secretary of State. "No rule or regulation made by any state board, bureau, officer, authority or commission, except such as relates to the organization or internal management of a state…

2Cases cited4 opinions

  1. People ex rel. Roides v. SmithNew York Court of Appeals · 1986
  2. Greene v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
  3. De Zimm v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1988
  4. MATTER OF SPARAGO v. New York State Bd. of ParoleNew York Court of Appeals · 1988

3Cited by1 opinion

  1. People ex rel. Padilla v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1988

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