Thomas v. New York State Bd. of Parole

Decision Date25 October 1994
Citation208 A.D.2d 460,617 N.Y.S.2d 309
PartiesIn re the Application of Albert THOMAS, Petitioner, For a Judgment, etc., v. The NEW YORK STATE BOARD OF PAROLE, et al., Respondents.
CourtNew York Supreme Court — Appellate Division

Before WALLACH, J.P., and ASCH, RUBIN and WILLIAMS, JJ.

MEMORANDUM DECISION.

Determination of respondent Board of Parole dated July 16, 1991, affirming a finding, after an administrative hearing, that petitioner violated the terms of his parole, is unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR Article 78 (transferred to this Court by order of the Supreme Court, New York County [Joan Lobis, J.], entered on or about July 24, 1992) dismissed, without costs.

Although the Maryland Order for Probation does not strictly comply with the provisions of CPLR 4540(c), which requires certification under seal or exemplification, the hearing officer did not abuse her discretion in admitting this document on the ground of its apparent authenticity, including the outline of a seal and the "true copy" stamp of the Administrative Clerk of the District Court of Maryland on the court...

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2 cases
  • People v. Jenkins
    • United States
    • New York Supreme Court — Appellate Division
    • October 25, 1994
    ...617 N.Y.S.2d 310 ... 208 A.D.2d 459 ... The PEOPLE of the State of New York, Respondent, ... Russell JENKINS, Defendant-Appellant ... ...
  • Bricker v. Powers
    • United States
    • New York Supreme Court — Appellate Division
    • October 25, 1994
    ... ...         Order, Supreme Court, New York County (David Saxe, J.), entered October 22, 1993, which granted ... ...

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