Legal Opinion

Costello v. New York State Board of Parole

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

Decided December 27, 2012Published

1Opinion of the CourtLahtinen, J.

*1513The officer’s wife, his four children and other family members gave oral and written victim impact statements in October 2009. The Board ordered a rescission hearing and, following an unsuccessful CPLR article 78 proceeding by petitioner to prohibit the Board from conducting the rescission hearing, such hearing was eventually conducted in October 2010. Evidence presented by petitioner included his laudable achievements while incarcerated as well as support from, among others, a college professor and a member of the clergy. The Board nonetheless unanimously voted to rescind the release date…

2Cases cited3 opinions

  1. Pugh v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2005
  2. Raheem v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2009
  3. Diaz v. EvansAppellate Division of the Supreme Court of the State of New York · 2011

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