Burke v. Commissioner of Parole

In a proceeding pursuant to CPLR article 78 to review a determination denying parole to petitioner, he appeals from a judgment of the Supreme Court, Dutchess County, dated May 22, 1975, which denied the application. Judgment affirmed, without costs or disbursements. One who refuses to attend a hearing cannot claim that his absence was a denial of due process (People v Epps, 46 AD2d 890). Section 214 of the Correction Law, which indicates that the parole board shall consider reports prepared within the previous two months, does not require the board to obtain up-to-the-minute data. Although…