Diaz v. New York State Board of Parole

OPINION OF THE COURT

Mark H. Fandrich, J.

Petitioner, who is presently an inmate at Cayuga Correctional Facility, is challenging the New York State Division of Parole’s determination denying him parole release and directing that he be held for an additional 24 months. Petitioner commenced this proceeding pursuant to CPLR article 78 requesting that the court reverse and set aside respondent’s determination of June 26, 2012. Petitioner argues, among other things, that the Board has failed to comply with the legislative mandate of Executive Law § 259-c (4), focused on petitioner’s criminal history…