Legal Opinion

Samperi v. Rodriquez

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

Decided January 20, 1987PublishedCited by 2 opinions

1Opinion of the Court

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Board of Parole, which, after a hearing, denied the petitioner release on parole, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Dickinson, J.), dated August 15, 1985, which dismissed the proceeding.

Ordered that the judgment is affirmed, without costs or disbursements.

The New York State Board of Parole’s release decisions are discretionary, and if made in accordance with statutory requirements, such determinations are not subject to judicial review (see,…

2Cases cited2 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. Davis v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by2 opinions

  1. Macon v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 1991
  2. Desantis v. New York State Board of ParoleNew York Supreme Court · 1991

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