Appellate Division, Fourth Department · July 24, 2026 · 2026 NY Slip Op 04676
Matter of Tripodi v New York State Dept. of Corr. & Community Supervision
Read the official decision: 2026 NY Slip Op 04676
Holding The court affirmed the dismissal of the petitioner’s appeal because Executive Law § 259-i (4-a) provides for only one direct appeal as of right to a lower court, and there is no statutory or constitutional authorization for a second appeal to County Court.
The court’s words
the appeal is not moot because a determination that petitioner violated the conditions of his parole is a continuing blot on his record with potential future consequences
2026 NY Slip Op 04676, at the official text
the statute provides for one direct appeal as of right when, as here, petitioner chooses to appeal under section 259-i (4-a), and it is silent as to a second appeal
2026 NY Slip Op 04676, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | July 24, 2026 |
| Citation | 2026 NY Slip Op 04676 |
| Area of law | Prison and Parole |
| Week | Week ending July 25, 2026 |
| Official text | Official decision: 2026 NY Slip Op 04676 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 535 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Tripodi v New York State Dept. of Corr. & Community Supervision, 2026 NY Slip Op 04676 (Appellate Division, Fourth Department, July 24, 2026), https://esqhq.com/decisions/2026-ny-slip-op-04676/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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