Legal Question in Appeals and Writs in New York

Re: When an Appeal Answered in the time Required by Law

I would call the Appeals Unit to see if they are going to issue the decision shortly. If they refuse to confirm that the decision will be issued shortly (week to 10 days), you can go ahead and file an Article 78 in the Supreme Court challenging the parole decision. You must exhaust your administrative remedies before filing the Article 78, but if they are not adhering to their own regulations the court can deemed the issue exhausted. Be very conscious of time here. If the inmate reappears before the Parole Board before the appeal and Article 78 are decided, the issue will become moot and the court will refuse to hear it. Since the Parole Board is aware of that, delay works in its favor. Roland Acevedo, Esq. (212) 371-4500