Legal Opinion

MATTER OF WILLIAMS v. Smith

New York Court of Appeals

Decided July 6, 1988No. Appeal 1 ; Appeal 2PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be affirmed.

Petitioner claims his parole revocation, based on the violation of one of his conditions of parole, is invalid because the conditions of parole were not filed with the Secretary of State pursuant to Executive Law § 102 and article IV, § 8 of the State Constitution. We disagree. Conditions of parole are not "rules” within the meaning of Executive Law § 102 and, therefore, they need not be filed to be effective. A rule establishes a general standard of conduct which must be obeyed by all those subject to its…

2Cited by4 opinions

  1. People ex rel. Prince v. MeloniAppellate Division of the Supreme Court of the State of New York · 1990
  2. Missry v. EhlichCivil Court of the City of New York · 2003
  3. Cordero v. CorbisieroAppellate Division of the Supreme Court of the State of New York · 1991
  4. Guptill Holding Corp. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1988

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