Despard v. Russi

Appellate Division of the Supreme Court of New York

Despard v. Russi

192 A.D.2d 1076, 598 N.Y.S.2d 753

Appellate Division of the Supreme Court of the State of New York·Decided April 14, 1993·Published·Cited by 1 cases

Opinion

—Judgment unanimously reversed on the law and petition dismissed. Memorandum: Supreme Court erred in directing respondents to conduct a de novo parole release hearing. Respondents’ determination is supported by the record and was made in accordance with the law, thereby foreclosing judicial intervention (see, Correction Law § 805; Matter of Salcedo v Ross, 183 AD2d 771; Matter of Walker v Russi, 176 AD2d 1185, Iv dismissed 79 NY2d 897; Matter of Confoy v New York State Div. of Parole, 173 AD2d 1014). (Appeal from Judgment of Supreme Court, Wyoming County, Dadd, J. — Article 78.) Present — Callahan, J. P., Pine, Balio, Lawton and Doerr, JJ.

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—Judgment unanimously reversed on the law and petition dismissed. Memorandum: Supreme Court erred in directing respondents to conduct a de novo parole release hearing. Respondents’ determination is supported by the record and was made in accordance with the law, thereby foreclosing judicial intervention (see, Correction Law § 805; Matter of Salcedo v Ross, 183 AD2d 771; Matter of Walker v Russi, 176 AD2d 1185, Iv dismissed 79 NY2d 897; Matter of Confoy v New York State Div. of Parole, 173 AD2d 1014). (Appeal from Judgment of Supreme Court, Wyoming County, Dadd, J. — Article 78.) Present — Callahan, J. P., Pine, Balio, Lawton and Doerr, JJ.

Despard v. Russi, 192 A.D.2d 1076, 598 N.Y.S.2d 753 (N.Y. Ct. App. 1993).

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Opinion

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