Legal Opinion

Secilmic v. Keane

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

Decided March 11, 1996PublishedCited by 7 opinions

1Opinion of the Court

The Supreme Court properly dismissed the petition because discretionary decisions of the New York State Board of Parole, which take into consideration the criteria set forth in Executive Law § 259-i (5), are not judicially reviewable (see, Matter of *629Hall v New York State Executive Dept., 188 AD2d 791; Matter of Davis v New York State Div. of Parole, 114 AD2d 412). The Board based its determination upon the extraordinarily serious and violent nature of the crimes for which the petitioner was incarcerated, which is a sufficient ground to deny parole release (see, Executive Law § 259-i [2] [c];…

2Cases cited5 opinions

  1. MATTER OF KING v. New York State Div. of ParoleNew York Court of Appeals · 1994
  2. Davis v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1985
  3. People ex rel. Thomas v. Superintendent of Arthur Kill Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 1986
  4. Weir v. New York State DivisionAppellate Division of the Supreme Court of the State of New York · 1994
  5. Hall v. New York State Executive Department, Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by7 opinions

  1. Kirkpatrick v. TravisAppellate Division of the Supreme Court of the State of New York · 2004
  2. Wright v. TravisAppellate Division of the Supreme Court of the State of New York · 2001
  3. Nankervis v. DennisonAppellate Division of the Supreme Court of the State of New York · 2006
  4. Gallo v. TravisAppellate Division of the Supreme Court of the State of New York · 1997
  5. LaSalle v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2004

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