Gibbs v. Travis
Opinion of the Court
—Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered July 26, 1996 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole.
Petitioner is an inmate at Woodbourne Correctional Facility in Sullivan County, serving a prison term of 9 to 18 years following his conviction in 1986 of the crime of robbery in the first degree. This crime was committed while petitioner was on parole from a sentence imposed for a prior weapons-related offense. In February 1995, respondent denied petitioner’s application for parole and Supreme Court dismissed his subsequent application for CPLR article 78 review.
Decisions regarding release on parole are discretionary and will not be disturbed provided that they satisfy the statutory requirements (see, Executive Law § 259-i; see also, Matter of Walker v New York State Div. of Parole, 203 AD2d 757) and are not irrational (see, Matter of Russo v New York State Bd. of
Mikoll, J. P., Crew III, White, Spain and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.