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LINDSAY v. NEW YORK STATE BD. OF PAROLE

48 N.Y.2d 883 (1979)

Richard Lindsay, Appellant, v. New York State Board of Parole et al., Respondents.

Court of Appeals of the State of New York.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Lewis B. Oliver, Jr., and Daniel A. Steinbock for appellant.

Robert Abrams, Attorney-General (Burton Herman and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the petition granted, and the parole violation charges dismissed.

Petitioner commenced this article 78 proceeding to vacate parole violation charges lodged against him. Although the alleged violations occurred in 1973, no final revocation hearing had been held at the time this proceeding was instituted in 1977. However, a parole eligibility...

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