Legal Opinion
People ex rel. Victory v. Herbert
Appellate Division of the Supreme Court of the State of New York
Decided November 13, 2000PublishedCited by 5 opinions
1Opinion of the Court
—Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in granting the petition for a writ of habeas corpus and directing respondents to release petitioner to parole supervision. The court “lacked the authority to direct the release of [petitioner] to parole status because that remedy invades the discretionary decision-making authority of [the Parole Board]” (Matter of Moore v New York State Bd. of Parole, 198 AD2d 836, 837; see, Matter of O’Connor v State Bd. of Parole, 270 App Div 93, 98). Petitioner commenced this proceeding seeking…
2Cases cited15 opinions
- Church of St. Paul & St. Andrew v. BarwickNew York Court of Appeals · 1986
- Hartje v. CoughlinNew York Court of Appeals · 1987
- Brodie v. SelskyAppellate Division of the Supreme Court of the State of New York · 1994
- Ortiz v. RourkeAppellate Division of the Supreme Court of the State of New York · 1997
- De Zimm v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1988
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Victory v. PatakiCourt of Appeals for the Second Circuit · 2016
- Connerton v. RyanAppellate Division of the Supreme Court of the State of New York · 2011
- Victory v. PatakiCourt of Appeals for the Second Circuit · 2015
- Victory v. PatakiCourt of Appeals for the Second Circuit · 2016
- Victory v. PatakiCourt of Appeals for the Second Circuit · 2016