Appellate Division of the Supreme Court of New York, 1985

People ex rel. Mott v. Kalamanka

People ex rel. Mott v. Kalamanka
Appellate Division of the Supreme Court of New York · Decided July 12, 1985
112 A.D.2d 720; 492 N.Y.S.2d 209; 1985 N.Y. App. Div. LEXIS 56228
People ex rel. Mott v. Kalamanka

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgment unanimously affirmed. Memorandum: County Court annulled the determination made after a preliminary parole revocation hearing because relator was not afforded the right to be represented at the hearing by an attorney. The sole question before us is whether the court properly directed a new hearing or whether it should have dismissed the parole violation warrant. Here, as in People ex rel. Martinez v New York State Bd. of Parole (56 NY2d 588), there is no indication that the parole authorities acted in bad faith to deny relator his right to a timely hearing. Hence, a new hearing will adequately protect his rights. (Appeal from judgment of Cattaraugus County Court, Horey, J. — habeas corpus.) Present — Dillon, P. J., Callahan, Boomer, Green and Schnepp, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.