Gordon v. New York State Board of Parole
Opinion of the Court
Appeal from a judgment of the Supreme Court (McDonough, J.), entered April 15, 2010 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 release.
In 1994, petitioner was convicted of attempted murder in the second degree, criminal possession of a weapon in the second degree and two counts of assault in the second degree, and was sentenced to an aggregate term of lSVs to 40 years in prison. In January 2009, he made his second appearance before respondent seeking to be released to parole supervision. At the conclusion of the hearing, his request was denied and he was ordered held an additional 24 months. Petitioner filed an administrative appeal and, when he did not receive a timely response, he commenced this CPLR article 78 proceeding. Following service of respondent’s answer, Supreme Court dismissed the petition. This appeal ensued.
Initially, we note that parole release decisions are discretionary and will not be disturbed so long as the statutory requirements of Executive Law § 259-i are satisfied (see Matter of Gonzalez v Chair, N.Y. State Bd. of Parole, 72 AD3d 1368, 1369 [2010]; Matter of Wright v Alexander, 71 AD3d 1270, 1271 [2010]). Notably, respondent need not articulate each statutory
Cardona, P.J., Peters, Kavanagh, Stein and Egan Jr., JJ., concur. Ordered that the judgment is affirmed, without costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.