Opinion

Hines v. State Board of Parole

  • 267 A.D. 881
  • 46 N.Y.S.2d 572
  • 1944 N.Y. App. Div. LEXIS 5290
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 21, 1944
Status
Published
Cited by
0 cases

The opinion

Proceeding pursuant to article 78 of the Civil Practice Act to review the determination of the State Board of Parole in denying appellant’s release from prison on parole. Order granting motion of respondent to dismiss the petition for insufficiency unanimously affirmed, without costs. Despite allegations contained in the petition which, if true, indicate unfavorable discrimination by the Board with respect to appellant, the relief which he seeks, even to the limited extent of an order directing the respondent to hear him, cannot be granted. There is no statutory provision for such hearing. Section 214 of the Correction Law provides only for personal appearance of the prisoner before the Board, before release, for the purpose of personal examination and verification of records. Present — Close, P. J., Hagarty, Carswell, Johnston and Adel, JJ. [181 Mise. 280.] [See post, p. 910.]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.