Macklin v. Travis
Cases that cite this one
1 later published case cites this decision.
- Erdheim v. Travis (Appellate Division of the Supreme Court of New York 2004)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal from a judgment of the Supreme Court (Torraca, J.), entered March 9, 2000 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.
Petitioner, an inmate serving a prison term of 5 to 15 years for his conviction of manslaughter in the first degree, commenced this CPLR article 78 proceeding following the denial of his request for parole release. Supreme Court dismissed the petition, prompting this appeal.
We affirm. Inasmuch as the Board of Parole considered all relevant factors in rendering its determination, including the instant offense, petitioner’s criminal history, his accomplishments while incarcerated and his receipt of an earned eligibility certificate, it cannot be said that the Board of Parole’s determination was irrational or arbitrary and capricious (see,
Cardona, P. J., Crew III, Peters, Carpinello and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.