Borda v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Borda v. New York State Division of Parole

219 A.D.2d 843, 632 N.Y.S.2d 36, 1995 N.Y. App. Div. LEXIS 10919

Appellate Division of the Supreme Court of the State of New York·Decided September 29, 1995·Published

Opinion

Judgment unanimously affirmed without costs. Memorandum: Because respondent’s determination was made in accordance with statutory requirements, it is not subject to judicial review (see, Matter of Gaithor v Russi, 186 AD2d 1048). We reject petitioner’s argument that respondent considered only the seriousness of petitioner’s offense in reaching its determination, and we conclude that it considered only the relevant guidelines (cf., Matter of King v New York State Div. of Parole, 83 NY2d 788, 790-791). (Appeal from Judgment of Supreme Court, Jefferson County, Gilbert, J. — CPLR art 78.) Present— Denman, P. J., Lawton, Wesley, Doerr and Balio, JJ.

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Judgment unanimously affirmed without costs. Memorandum: Because respondent’s determination was made in accordance with statutory requirements, it is not subject to judicial review (see, Matter of Gaithor v Russi, 186 AD2d 1048). We reject petitioner’s argument that respondent considered only the seriousness of petitioner’s offense in reaching its determination, and we conclude that it considered only the relevant guidelines (cf., Matter of King v New York State Div. of Parole, 83 NY2d 788, 790-791). (Appeal from Judgment of Supreme Court, Jefferson County, Gilbert, J. — CPLR art 78.) Present— Denman, P. J., Lawton, Wesley, Doerr and Balio, JJ.

Borda v. New York State Division of Parole, 219 A.D.2d 843, 632 N.Y.S.2d 36, 1995 N.Y. App. Div. LEXIS 10919 (N.Y. Ct. App. 1995).

Pincite

219 A.D.2d 843 (Borda v. New York State Division of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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