Heath v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Heath v. New York State Division of Parole

201 A.D.2d 732, 608 N.Y.S.2d 308, 1994 N.Y. App. Div. LEXIS 1658

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 28, 1994

StatusPublished

This text of 201 A.D.2d 732 (Heath v. New York State Division of Parole) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Heath v. New York State Division of Parole, 201 A.D.2d 732, 608 N.Y.S.2d 308, 1994 N.Y. App. Div. LEXIS 1658 (N.Y. Ct. App. 1994).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Parole, [733]*733which, after a hearing, denied the petitioner release on parole, the appeal is from a judgment of the Supreme Court, Dutchess County (Amodeo, J.), entered December 10, 1991, which denied the petition and dismissed the proceeding.

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

Since the petitioner has failed to make a convincing showing that the New York State Division of Parole did not act properly in accordance with the statutory requirements, the determination denying him parole is not subject to judicial review (see, Executive Law § 259-i [5]; Matter of Gonzalez v Rodriguez, 135 AD2d 633; Matter of Davis v New York State Div. of Parole, 114 AD2d 412). Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Parole, [733]*733which, after a hearing, denied the petitioner release on parole, the appeal is from a judgment of the Supreme Court, Dutchess County (Amodeo, J.), entered December 10, 1991, which denied the petition and dismissed the proceeding.

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

Since the petitioner has failed to make a convincing showing that the New York State Division of Parole did not act properly in accordance with the statutory requirements, the determination denying him parole is not subject to judicial review (see, Executive Law § 259-i [5]; Matter of Gonzalez v Rodriguez, 135 AD2d 633; Matter of Davis v New York State Div. of Parole, 114 AD2d 412). Sullivan, J. P., Pizzuto, Joy and Goldstein, JJ., concur.

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Bluebook (online)

201 A.D.2d 732, 608 N.Y.S.2d 308, 1994 N.Y. App. Div. LEXIS 1658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heath-v-new-york-state-division-of-parole-nyappdiv-1994.

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