Nunez v. New York State Parole Division
Cases that cite this one
4 later published cases cite this decision.
- Matter of Coscia v. Town of Greenburgh (Appellate Division of the Supreme Court of New York 2023)
- People v. Singh (Appellate Division of the Supreme Court of New York 2019)
- Lester v. Travis (Appellate Division of the Supreme Court of New York 2004)
- People ex rel. Pino v. Amacucci (Appellate Division of the Supreme Court of New York 2002)
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
—In a proceeding pursuant to CPLR article 78 to vacate a parole warrant for failure to timely hold a parole revocation hearing, the petitioner appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated May 11, 2000, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
The Supreme Court properly denied the petition and dismissed the proceeding. The period of time within which the respondent had to act did not begin to run until the petitioner was released from Federal custody. Only then could the petitioner be held in the respondent’s custody exclusively pursuant to the warrant he is now challenging. Since it is clear that this had not yet occurred when the petition was brought, the petition was premature, and therefore, properly dismissed (see, People ex rel. Matthews v New York State Div. of Parole, 95 NY2d 640). Krausman, J. P., S. Miller, McGinity and Schmidt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.