Costello v. New York State Board of Parole

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, the challenged determination annulled, and petitioner’s parole reinstated.

The Executive Law requires the Board of Parole (the Board) to consider any victim impact statement in the decision to grant or deny parole release to an inmate (see Executive Law § 259-i [2] [c] [A]). Nonetheless, while it is undisputed that rescission proceedings were properly initiated here, under the particular circumstances of this case, the Board improperly rescinded petitioner’s parole release, which should be…