Legal Opinion

Schwimmer v. Hammock

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

Decided September 23, 1982PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78, the Chairman of the New York State Board of Parole appeals from a judgment of the Supreme Court, Richmond County (Rubin, J.), dated September 3, 1982, which granted the petition and (a) set aside the minimum period of incarceration fixed by the Board of Parole in April, 1982 on the ground that it had no jurisdiction to act at that time, and (b) directed that petitioner be produced before the sentencing court to set a new minimum period of incarceration. Judgment affirmed, without costs or disbursements. The petitioner was convicted in the Supreme…

2Cases cited5 opinions

  1. Shielcrawt v. MoffettNew York Court of Appeals · 1945
  2. Laird v. . CartonNew York Court of Appeals · 1909
  3. People v. SchwimmerAppellate Division of the Supreme Court of the State of New York · 1981
  4. Monell v. International Business Machines Corp.New York Supreme Court · 1976
  5. In re the Estate of CohenNew York Surrogate's Court · 1971

3Cited by2 opinions

  1. Schwimmer v. DunhamAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. StamplerAppellate Division of the Supreme Court of the State of New York · 1983

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