Legal Opinion

Almeyda v. New York State Division of Parole

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

Decided June 4, 1998PublishedCited by 5 opinions

1Opinion of the Court

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the State Board of Parole which denied petitioner’s request for parole.

Petitioner, an inmate serving a prison sentence of 15 years to life for murder in the second degree after beating, burning, abusing and causing the death of his infant son, challenges a determination denying his request for parole. Initially, we note *740that because no issue of substantial evidence is present in this proceeding (see, CPLR 7803 [4]), Supreme Court improperly…

2Cases cited3 opinions

  1. Herrera v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1998
  2. Bey v. RussiAppellate Division of the Supreme Court of the State of New York · 1996
  3. Vasquez v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by5 opinions

  1. Valderrama v. TravisAppellate Division of the Supreme Court of the State of New York · 2005
  2. Rivera v. State of New York Executive Department Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2000
  3. Guzman v. ChairmanAppellate Division of the Supreme Court of the State of New York · 1999
  4. Purcell v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1998
  5. Torres v. TravisAppellate Division of the Supreme Court of the State of New York · 1998

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