Calcione v. New York State Board of Parole

Petitioner, by order to show cause, in this CPLR article 78 proceeding seeks an order directing respondent to allow counsel to represent Benny Calcione at his parole release hearing.

While it is true that the Court of Appeals has held that due process requirements do not mandate that counsel be present at a parole release hearing (Briguglio v New York State Bd. of Parole, 24 NY2d 21), under the special circumstances present here, with petitioner being physically and mentally incapable of speaking on his own behalf preventing a meaningful parole release hearing for him, the court will grant the…