Legal Opinion

Samuel v. Alexander

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

Decided January 19, 2010PublishedCited by 9 opinions

1Opinion of the Court

*862A parole determination may be set aside only where the determination of the New York State Division of Parole (hereinafter the Parole Board) to deny an early release evinced “irrationality bordering on impropriety” (Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]). While the Parole Board is required to consider a number of statutory factors in making its determination (see Executive Law § 259-i [2] [c]), it is not required to give equal weight to each of the factors it considers, nor is it required to address each factor in its decision (see Matter of Porter v Alexander,…

2Cases cited6 opinions

  1. MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
  2. Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
  3. Hardwick v. DennisonAppellate Division of the Supreme Court of the State of New York · 2007
  4. Galbreith v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2009
  5. Hanson v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by9 opinions

  1. Thomches v. EvansAppellate Division of the Supreme Court of the State of New York · 2013
  2. Matter of Marszalek v. StanfordAppellate Division of the Supreme Court of the State of New York · 2015
  3. Matter of Esquilin v. New York State Bd. of ParoleAppellate Division of the Supreme Court of the State of New York · 2016
  4. Matter of Marszalek v. StanfordAppellate Division of the Supreme Court of the State of New York · 2017
  5. People ex rel. Borrell v. New York State Board of ParoleAppellate Division of the Supreme Court of the State of New York · 2011

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