Bouknight v. Russi

Appellate Division of the Supreme Court of New York

Bouknight v. Russi

242 A.D.2d 329, 661 N.Y.S.2d 989, 1997 N.Y. App. Div. LEXIS 8311

Appellate Division of the Supreme Court of the State of New York·Decided August 18, 1997·Published·Cited by 2 cases

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole, dated April 18, 1995, which denied his request to be released on parole, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), entered June 4, 1996, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

Because the respondent acted in accordance with statutory requirements, the discretionary denial of parole is not subject to judicial review (see, Executive Law § 259-i [5]; Matter of Heitman v New York State Bd. of Parole, 214 AD2d 673; People ex rel. Thomas v Superintendent, 124 AD2d 848, 849). Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole, dated April 18, 1995, which denied his request to be released on parole, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Lange, J.), entered June 4, 1996, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

Because the respondent acted in accordance with statutory requirements, the discretionary denial of parole is not subject to judicial review (see, Executive Law § 259-i [5]; Matter of Heitman v New York State Bd. of Parole, 214 AD2d 673; People ex rel. Thomas v Superintendent, 124 AD2d 848, 849). Rosenblatt, J. P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.

Bouknight v. Russi, 242 A.D.2d 329, 661 N.Y.S.2d 989, 1997 N.Y. App. Div. LEXIS 8311 (N.Y. Ct. App. 1997).

Pincite

242 A.D.2d 329 (Bouknight v. Russi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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