Moore v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Moore v. New York State Board of Parole

207 A.D.2d 983, 617 N.Y.S.2d 674, 1994 N.Y. App. Div. LEXIS 10186

Procedural entryThis page is a short order in Moore v. New York State Board of Parole. Read the opinion of the Court — 233 A.D.2d 653 →

Appellate Division of the Supreme Court of the State of New York·Decided September 30, 1994·Published

Opinion

—Judgment insofar as it transfers issue and order of transfer unanimously vacated and judgment otherwise affirmed. Memorandum: The parties acknowledged at oral argument that the Parole Board interview did not constitute a hearing within the [984]*984meaning of CPLR 7803 (4). Thus, no transfer to this Court was required under CPLR 7804 (g). Supreme Court did not err in finding that the determination to deny parole release was not arbitrary and capricious (see, CPLR 7803 [3]). (Appeal from Judgment and Article 78 Proceeding Transferred by Order of Supreme Court, Cayuga County, Contiguglia, J.) Present— Pine, J. P., Lawton, Fallon, Doerr and Davis, JJ.

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—Judgment insofar as it transfers issue and order of transfer unanimously vacated and judgment otherwise affirmed. Memorandum: The parties acknowledged at oral argument that the Parole Board interview did not constitute a hearing within the [984]*984meaning of CPLR 7803 (4). Thus, no transfer to this Court was required under CPLR 7804 (g). Supreme Court did not err in finding that the determination to deny parole release was not arbitrary and capricious (see, CPLR 7803 [3]). (Appeal from Judgment and Article 78 Proceeding Transferred by Order of Supreme Court, Cayuga County, Contiguglia, J.) Present— Pine, J. P., Lawton, Fallon, Doerr and Davis, JJ.

Moore v. New York State Board of Parole, 207 A.D.2d 983, 617 N.Y.S.2d 674, 1994 N.Y. App. Div. LEXIS 10186 (N.Y. Ct. App. 1994).

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207 A.D.2d 983 (Moore v. New York State Board of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.