Dukes v. New York State Board of Parole

Determination of respondent Board of Parole, dated November 28, 1989, that petitioner violated three conditions of his parole, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Seymour Schwartz, J.], entered November 29, 1991) dismissed, without costs.

Respondent’s determination that petitioner violated a condition of parole by being in possession of stolen property is supported by a preponderance of the evidence (Executive Law § 259-i [3] [f] [viii]), including the arresting…