Matter of Singleton v. N.Y. St. Bd. of Parole

Full title: In the Matter of WINSTON A. SINGLETON, Appellant, v. NEW YORK STATE BOARD…

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 26, 1980

78 A.D.2d 583 (N.Y. App. Div. 1980)

Opinion

September 26, 1980

Appeal from the Cayuga Supreme Court.

Present — Cardamone, J.P., Hancock, Jr., Schnepp, Callahan and Moule, JJ.

Appeal from so much of the judgment as denies petitioner's application for an order to show cause unanimously dismissed (see CPLR 5701, subd [a], par 2; Matter of Negron v. Herold, 34 A.D.2d 1053; Matter of Bates v. La Vallee, 33 A.D.2d 833) without prejudice to the institution of an article 78 proceeding on proper papers if petitioner is so advised; and otherwise judgment is vacated.