# Beattie v. New York State Board of Parole

> Appellate Division of the Supreme Court of the State of New York · February 18, 1975 · 47 A.D.2d 656

URL: https://www.frixlaw.com/law-library/cases/5796480

## Case

- **Full name:** In the Matter of Gregory Beattie v. New York State Board of Parole
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** February 18, 1975
- **Citations:** 47 A.D.2d 656; 364 N.Y.S.2d 31; 1975 N.Y. App. Div. LEXIS 8846
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5796480

## Opinion text

In a proceeding pursuant to CPLR article 78 to compel respondent to afford petitioner a parole revocation hearing, petitioner appeals from a judgment of the Supreme Court, Westchester County, dated October 1, 1974, which dismissed the petition. Judgment reversed, on the law, without costs, and petition granted to the extent that respondent is directed to afford petitioner a parole revocation hearing within 20 days after entry of the order to be made hereon. Under the circumstances herein, petitioner should have been granted relief to the extent indicated herein (see People ex rel. McNair v. West, 77 Mise 2d 150, affd. 46 A D 2d 741). In McNair we sustained Criminal Term’s vacatur of a parole warrant, with prejudice, because of the lengh of time involved. Here we are merely directing that petitioner be afforded an immediate hearing because that can be done without affecting his rights. However, the parole board should be aware of the fact that continued indifference to the rights of defendants to obtain prompt revocation hearings may, in the future, result in the vacatur, with prejudice, of warrants in all such cases. Cohalan, Acting P. J., Brennan, Benjamin, Munder and Shapiro, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5796480. Public record. Not legal advice.