People ex rel. Cox v. Hanstein, 112 A.D.3d 1242 (N.Y. App. Div. 2013). · Go Syfert
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People ex rel. Cox v. Hanstein, 112 A.D.3d 1242 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Matter of Reeder v. Annucci (nyappdiv, 2017-11-30)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Reeder v. Annucci
N.Y. App. Div. · 2017 · confidence medium
Cox v Hanstein, 112 AD3d 1242, 1242 [2013]; Matter of Johnson v Smith, 80 AD3d 931, 932 [2011]).
discussed Cited "see" Matter of Wilson v. Yonkers Raceway/Empire City
N.Y. App. Div. · 2015 · signal: see · confidence high
“According proper deference to the Board’s resolution of conflicting medical evidence and evaluation of witness credibility, we find the Board’s conclusion to be supported by substantial evidence and decline to disturb it” (Matter of Duncan v John Wiley & Sons, Inc., 54 AD3d 1124, 1126 [2008] [citations omitted]; see Matter of Sandell v Frito Lay, Inc., 112 AD3d 1242 , 1244 [2013]).
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The People of the State of New York ex rel. Keith T. Cox
v.
James R. Hanstein, as Corrections Superintendent, Ulster County Sheriffs Office
Appellate Division of the Supreme Court of the State of New York.
Dec 26, 2013.
112 A.D.3d 1242
Cited by 1 opinion  |  Published

Appeal from a judgment of the Supreme Court (Zwack, J.), entered March 19, 2012 in Ulster County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this proceeding pursuant to CPLR article 70 for a writ of habeas corpus claiming that he is entitled to be released because his due process rights were allegedly violated as the result of a preliminary parole revocation hearing. Supreme Court denied petitioner’s application on the merits, and he sought to challenge that denial in this Court. However, inasmuch as our review of the record reveals, and the Ulster County Clerk’s office has confirmed, that petitioner failed to file or serve a notice of appeal in accordance with CPLR 5513 (a) and 5515 (1), we lack jurisdiction and the appeal must be dismissed (see Matter of Johnson v Smith, 80 AD3d 931, 932 [2011]).

Rose, J.E, Lahtinen, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, without costs.