MATTER OF ABBOTT v. KELLY


145 A.D.2d 921 (1988)

In the Matter of Phillip Abbott, Appellant, v. Walter R. Kelly, as Superintendent of Attica Correctional Facility, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 23, 1988


Judgment unanimously reversed on the law and petition granted in part, in accordance with the following memorandum: The determination which rescinded petitioner's parole status must be annulled because the parole rescission proceedings were conducted pursuant to rules contained in the "Parole Rescission Hearing-Policy and Procedure" manual of the Division of Parole which had not been filed with the Secretary of State. "No rule or regulation made by any state department, board...

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