Legal Opinion

Bennett v. Kelly

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

Decided June 11, 1998PublishedCited by 8 opinions

1Opinion of the Court

White, J. P.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered July 21, 1997 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to exhaust administrative remedies.

After being released on parole supervision on April 16, 1987, petitioner was arrested on July 2, 1987. Next, on July 7, 1987, he received a notice of parole violation for failure to report and waived his right to a preliminary parole violation hearing. After petitioner refused to attend several scheduled final revocation hearings,…

2Cases cited4 opinions

  1. People ex rel. Harris v. SullivanNew York Court of Appeals · 1989
  2. People ex rel. Ward v. RussiAppellate Division of the Supreme Court of the State of New York · 1995
  3. Bonilla v. RussiAppellate Division of the Supreme Court of the State of New York · 1994
  4. Griffin v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by8 opinions

  1. Adams v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2000
  2. People ex rel. Cook v. LeonardoAppellate Division of the Supreme Court of the State of New York · 2000
  3. Welch v. TravisAppellate Division of the Supreme Court of the State of New York · 2002
  4. People ex rel. Mack v. WardenAppellate Division of the Supreme Court of the State of New York · 2008
  5. People ex rel. Seay v. GipsonAppellate Division of the Supreme Court of the State of New York · 2000

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