Legal Opinion

Davis v. New York State Division of Parole

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

Decided October 15, 1985PublishedCited by 18 opinions

1Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Division of Parole which, after a hearing, denied petitioner release on parole, petitioner appeals from a judgment of the Supreme Court, Westchester County (Beisheim, J.), dated February 10, 1984, which denied the application.

Judgment affirmed, without costs or disbursements.

It is well established that the Division of Parole’s release decisions are discretionary, and if made in accordance with the statutory requirements, such determinations are not subject to judicial review (see, Matter of…

2Cases cited11 opinions

  1. People ex rel. Herbert v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1983
  2. Qafa v. HammockAppellate Division of the Supreme Court of the State of New York · 1981
  3. Ristau v. HammockAppellate Division of the Supreme Court of the State of New York · 1984
  4. Ganci v. HammockAppellate Division of the Supreme Court of the State of New York · 1984
  5. Lynch v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1981

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. MATTER OF KING v. New York State Div. of ParoleNew York Court of Appeals · 1994
  2. King v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1993
  3. McKee v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1990
  4. People ex rel. Thomas v. Superintendent of Arthur Kill Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1986
  5. Confoy v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1991

13 more not listed; retrieve them via the Exa API.

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