PEOPLE EX REL. PADILLA v. RODRIGUEZ


145 A.D.2d 922 (1988)

The People of the State of New York ex rel. Benito Padilla, Appellant, v. Ramon J. Rodriguez, as Chairman of The New York State Board of Parole, 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 judgment granted, in accordance with the following memorandum: We convert this habeas corpus proceeding to an action for declaratory judgment (CPLR 103 [c]) and declare that respondent's rescission of petitioner's parole was invalid because the rules contained in respondent's "Parole Rescission Hearing-Policy and Procedure" manual were not filed with the Secretary of State at the time petitioner's parole rescission hearing was...

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