# Dukes v. New York State Board of Parole

> Appellate Division of the Supreme Court of the State of New York · January 19, 1993 · 189 A.D.2d 681

URL: https://www.frixlaw.com/law-library/cases/5957009

## Case

- **Full name:** In the Matter of Barry Dukes v. New York State Board of Parole
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 19, 1993
- **Citations:** 189 A.D.2d 681
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 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/5957009

## Opinion text

Determination of respondent Board of Parole, dated November 28, 1989, that petitioner violated three conditions of his parole, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Seymour Schwartz, J.], entered November 29, 1991) dismissed, without costs.
Respondent’s determination that petitioner violated a condition of parole by being in possession of stolen property is supported by a preponderance of the evidence (Executive Law § 259-i [3] [f] [viii]), including the arresting officer’s testimony that he observed petitioner remove boards of lumber from a lumber yard and that he was informed by representatives of the lumber yard that petitioner did not have permission to do so. We note that the " 'legal residuum rule’ ” urged by petitioner is no longer followed (Matter of Eagle v Paterson, 57 NY2d 831, 833 ). Concur—Sullivan, J. P., Wallach, Kupferman and Kassal, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5957009. Public record. Not legal advice.