Legal Opinion
Matter of Holmes v. Annucci
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 2017No. 906 CA 16-00935Published
1Opinion of the Court
Appeal from a judgment of the Supreme Court, Wyoming County (Michael M. Mohun, A.J.), entered May 6, 2016 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 seeking to annul the determination of the Parole Board (Board) denying him parole release. “It is well settled that parole release decisions are discretionary and will not be disturbed so long as the Board complied with…
2Cases cited3 opinions
- Johnson v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2009
- Gssime v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2011
- Kenefick v. StichtAppellate Division of the Supreme Court of the State of New York · 2016