Legal Opinion

People ex rel. Portalatin v. New York State Board of Parole

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

Decided December 27, 1983Published

1Opinion of the Court

In a habeas corpus proceeding arising from the denial of the right to a timely parole revocation hearing (Executive Law, § 259-i, subd 3, par [f], cl [i]), the appeal is from a judgment of the Supreme Court, Queens County (Naro, J.), dated February 10, 1982, which, after a hearing, sustained the writ, vacated petitioner’s parole revocation warrant and restored him to parole status. Judgment affirmed, without costs or disbursements. (See, e.g., People ex rel. Gonzales v Dalsheim, 52 NY2d 9; People ex rel. Durham v Flood, 93 AD2d 847.) Lazer, J. P., Thompson, Niehoff and Boyers, JJ., concur.

2Cases cited2 opinions

  1. People ex rel. Gonzales v. DalsheimNew York Court of Appeals · 1980
  2. People ex rel. Durham v. FloodAppellate Division of the Supreme Court of the State of New York · 1983