Williams v. Board of Parole

Appellate Division of the Supreme Court of New York

Williams v. Board of Parole

220 A.D.2d 753, 633 N.Y.S.2d 182, 1995 N.Y. App. Div. LEXIS 10466

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

DecidedOctober 30, 1995

StatusPublished

Cited by2 cases

This text of 220 A.D.2d 753 (Williams v. Board 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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Williams v. Board of Parole, 220 A.D.2d 753, 633 N.Y.S.2d 182, 1995 N.Y. App. Div. LEXIS 10466 (N.Y. Ct. App. 1995).

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Opinion

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Parole dated July 21, 1993, which, after a hearing, denied the petitioner parole, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Leavitt, J.), entered May 25, 1994, which denied the petition and dismissed the proceeding.

[754]*754Ordered that the judgment is affirmed, without costs or disbursements.

The Board of Parole’s consideration of the District Attorney’s negative recommendation concerning the petitioner’s request for parole was not a denial of the petitioner’s due process rights (which do not attach to parole hearings), contrary to law, or a violation of a positive statutory requirement (see, Matter of Russo v New York State Bd. of Parole, 50 NY2d 69; Matter of Briguglio v New York State Bd. of Parole, 24 NY2d 21; People ex rel. Grimmick v McGreevy, 141 AD2d 989; Matter of Lynch v New York State Div. of Parole, 82 AD2d 1012; Executive Law § 259-i [5]). Accordingly, the determination of the Board of Parole is beyond judicial review (see, Correction Law § 212; Matter of Briguglio v New York State Bd. of Parole, supra).

We have considered the petitioner’s remaining contentions and find them to be without merit. Balletta, J. P., Thompson, Ritter and Florio, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Parole dated July 21, 1993, which, after a hearing, denied the petitioner parole, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Leavitt, J.), entered May 25, 1994, which denied the petition and dismissed the proceeding.

[754]*754Ordered that the judgment is affirmed, without costs or disbursements.

The Board of Parole’s consideration of the District Attorney’s negative recommendation concerning the petitioner’s request for parole was not a denial of the petitioner’s due process rights (which do not attach to parole hearings), contrary to law, or a violation of a positive statutory requirement (see, Matter of Russo v New York State Bd. of Parole, 50 NY2d 69; Matter of Briguglio v New York State Bd. of Parole, 24 NY2d 21; People ex rel. Grimmick v McGreevy, 141 AD2d 989; Matter of Lynch v New York State Div. of Parole, 82 AD2d 1012; Executive Law § 259-i [5]). Accordingly, the determination of the Board of Parole is beyond judicial review (see, Correction Law § 212; Matter of Briguglio v New York State Bd. of Parole, supra).

We have considered the petitioner’s remaining contentions and find them to be without merit. Balletta, J. P., Thompson, Ritter and Florio, JJ., concur.

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Bluebook (online)

220 A.D.2d 753, 633 N.Y.S.2d 182, 1995 N.Y. App. Div. LEXIS 10466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-board-of-parole-nyappdiv-1995.

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