Torres v. Evans

Appellate Division of the Supreme Court of New York

Torres v. Evans

111 A.D.3d 753, 974 N.Y.S.2d 794

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

DecidedNovember 13, 2013

StatusPublished

This text of 111 A.D.3d 753 (Torres v. Evans) 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.

Bluebook

Torres v. Evans, 111 A.D.3d 753, 974 N.Y.S.2d 794 (N.Y. Ct. App. 2013).

Pincite

Opinion

— In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole dated August 17, 2011, which, after a hearing, denied the petitioner’s request to be released on parole, the petitioner appeals from a judgment of the Supreme Court, Orange County (Marx, J.), dated May 7, 2012, which denied the petition and dismissed the proceeding.

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

Contrary to the petitioner’s contention, the answer and return served by the respondent adequately complied with CPLR 7804 (d) (see Amoco Oil Co. v Zoning Bd. of Appeals of Vil. of Mamaroneck, 122 AD2d 755, 757 [1986]).

The petitioner’s conclusory contention that the determination under review was irrational is without merit (see Matter of Siao-Pao v Dennison, 11 NY3d 777, 778 [2008]; Matter of Fraser v Evans, 109 AD3d 913 [2013]).

The petitioner’s remaining contention also is without merit.

Therefore, the Supreme Court properly denied the petition and dismissed the proceeding. Mastro, J.E, Skelos, Balkin and Roman, JJ., concur.

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