Legal Opinion

Rock v. New York State Board of Parole

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

Decided November 24, 1986PublishedCited by 4 opinions

1Opinion of the Court

The serious nature of the crime for which the petitioner was incarcerated and his unsatisfactory performance on a prior parole release constituted sufficient grounds for parole denial *805(see, Matter of Harden v New York State Bd. of Parole, 103 AD2d 777). The papers submitted in support of the petitioner’s present application failed to make a convincing showing that the respondent Board did not exercise its discretion in conformity with the law when it denied him parole release. Consequently, the instant CPLR article 78 proceeding was properly dismissed because such discretionary decisions of…

2Cases cited2 opinions

  1. Abrams v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1982
  2. Harden v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by4 opinions

  1. Gerena v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1993
  2. Heitman v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1995
  3. Scott v. RussiAppellate Division of the Supreme Court of the State of New York · 1994
  4. Dunham v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1995

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