Hergueta v. New York State Parole Board

Appellate Division of the Supreme Court of New York

Hergueta v. New York State Parole Board

63 A.D.2d 701, 405 N.Y.S.2d 105, 1978 N.Y. App. Div. LEXIS 11610

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

DecidedMay 15, 1978

StatusPublished

Cited by3 cases

This text of 63 A.D.2d 701 (Hergueta v. New York State Parole Board) 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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Hergueta v. New York State Parole Board, 63 A.D.2d 701, 405 N.Y.S.2d 105, 1978 N.Y. App. Div. LEXIS 11610 (N.Y. Ct. App. 1978).

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Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Board of Parole, dated April 26, 1977, which denied petitioner her release on parole, the appeal is from a judgment of the Supreme Court, Westchester County, entered October 7, 1977, which granted the petition "to the extent that [the board] is Ordered to furnish petitioner with new reasons for parole denial that comply with the provisions of $213 of the Correction Law.” Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits. Sufficient and meaningful reasons were stated by the Board of Parole and represent a proper application of the criteria set forth in section 213 of the Correction Law (see Matter of Consilvio v New York State Bd. of Parole, 57 AD2d 955; Matter of Sturgis v Caldwell, 57 AD2d 728; Matter of Odom v Henderson, 57 AD2d 710; Matter of Tomarkin v Bombard, 56 AD2d 881). Titone, J. P., Rabin, Gulotta and Hawkins, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Board of Parole, dated April 26, 1977, which denied petitioner her release on parole, the appeal is from a judgment of the Supreme Court, Westchester County, entered October 7, 1977, which granted the petition "to the extent that [the board] is Ordered to furnish petitioner with new reasons for parole denial that comply with the provisions of $213 of the Correction Law.” Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits. Sufficient and meaningful reasons were stated by the Board of Parole and represent a proper application of the criteria set forth in section 213 of the Correction Law (see Matter of Consilvio v New York State Bd. of Parole, 57 AD2d 955; Matter of Sturgis v Caldwell, 57 AD2d 728; Matter of Odom v Henderson, 57 AD2d 710; Matter of Tomarkin v Bombard, 56 AD2d 881). Titone, J. P., Rabin, Gulotta and Hawkins, JJ., concur.

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Bluebook (online)

63 A.D.2d 701, 405 N.Y.S.2d 105, 1978 N.Y. App. Div. LEXIS 11610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hergueta-v-new-york-state-parole-board-nyappdiv-1978.

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