Burgos v. Berbary

Judgment unanimously reversed on the law without costs and petition dismissed. Memorandum: Supreme Court erred in vacating the determination denying petitioner parole release and directing the Parole Board to reconsider petitioner’s parole eligibility. Upon our review of the record, we conclude that the Parole Board complied with the requirements of Executive Law § 259-i (2) (c) (A) in denying petitioner parole release (cf., Matter of King v *931New York State Div. of Parole, 83 NY2d 788, 791). It is well settled that, “[i]f the [Parole] Board complies with the procedures set forth in Executive…