Harris v. New York State Division of Parole

OPINION OF THE COURT

Crew III, J.

Petitioner, serving consecutive indeterminate terms of imprisonment of 2 to 4 years, became eligible for parole in August 1993 and, in accordance with Executive Law § 259-i (2) (a), appeared before two members of the State Board of Parole seeking release. Petitioner’s request for parole was denied.* Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding challenging the Board’s determination.

Initially, we note that inasmuch as this proceeding does not raise a question of substantial evidence, Supreme Court erred in…