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Matter of Speed v. Regan

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 17, 1975
50 A.D.2d 1100 (N.Y. App. Div. 1975)

Opinion

December 17, 1975

Appeal from the Supreme Court, Wyoming County.

Present — Marsh, P.J., Moule, Cardamone, Simons and Witmer, JJ.


Judgment unanimously reversed and matter remitted to Board of Parole for further proceedings in accordance with the following memorandum: Petitioner, an Attica inmate, commenced this article 78 proceeding against respondent, as chairman of the New York State Board of Parole, seeking a judgment directing the board to furnish him with reasons why his minimum period of imprisonment was established at four years. Supreme Court, Wyoming County, held that reasons must be given when the board establishes a minimum period of imprisonment and ordered that petitioner either be resentenced or released from custody. Petitioner was entitled to be given reasons why the board established his minimum period of imprisonment at four years (Matter of Festus v Regan, 50 A.D.2d 1084). The court was in error, however, in directing that he be resentenced or released as a consequence. The proper remedy is a judgment directing the board to give the reasons as demanded by petitioner (CPLR 7806).


Summaries of

Matter of Speed v. Regan

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 17, 1975
50 A.D.2d 1100 (N.Y. App. Div. 1975)
Case details for

Matter of Speed v. Regan

Case Details

Full title:In the Matter of MARSHAL R. SPEED, Respondent, v. PAUL J. REGAN, as…

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

Date published: Dec 17, 1975

Citations

50 A.D.2d 1100 (N.Y. App. Div. 1975)

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