Legal Opinion

Garofolo v. Rosa

New York Supreme Court

Decided December 24, 2009Published

1Opinion of the Court

OPINION OF THE COURT

Arthur M. Schack, J.

Petitioner Steven Garofolo seeks an order, pursuant to article 78 of the CPLR, vacating the July 8, 2008 decision of the New York State Board of Parole (Parole Board) denying him parole and granting him either immediate release on parole or a de novo parole hearing. Respondent Felix Rosa, Chairman of the Board of Parole, opposes the petition and seeks its dismissal.

Petitioner Garofolo contends that he was wrongfully denied a discretionary parole release by the Parole Board. The basis of the instant petition is that the Parole Board acted unlawfully…

2Cases cited36 opinions

  1. Howard v. WymanNew York Court of Appeals · 1971
  2. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  3. Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
  4. Halperin v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2005
  5. Arteaga v. State of New YorkNew York Court of Appeals · 1988

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