Rice v. Hammock

Judgment unanimously reversed and petition dismissed. Memorandum: In this CPLR article 78 proceeding respondent appeals from a judgment granting petitioner a de novo parole release hearing. Supreme Court held that a new hearing is required because the Parole Board’s decision fails to recite that consideration was given to the factors enumerated in the applicable statute (see Executive Law, § 259-i, subd 2, par [c]). We reverse. The record of the parole release hearing demonstrates that the board had before it all of the information required by the statute to be considered, and the decision…