Legal Opinion
Matter of Rossakis v. New York State Bd. of Parole
Appellate Division of the Supreme Court of the State of New York
Decided November 10, 2016No. 101546/14 1868PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Gesmer, J.
In this appeal, we take the unusual step of affirming the annulment of a decision of respondent-appellant New York State Board of Parole denying parole to petitioner-respondent Niki Rossakis. We agree with the motion court that the Board’s decision was so irrational as to border on impropriety and was therefore arbitrarily and capriciously rendered. However, we vacate the portion of the motion court’s judgment which directed how the Board was to weigh the statutory factors.
Facts 1
On May 17, 1996, petitioner was convicted of murder in the second degree for…
2Cases cited10 opinions
- MATTER OF SILMON v. TravisNew York Court of Appeals · 2000
- Russo v. New York State Board of ParoleNew York Court of Appeals · 1980
- MATTER OF KING v. New York State Div. of ParoleNew York Court of Appeals · 1994
- King v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1993
- Burke's Auto Body, Inc. v. AmerusoAppellate Division of the Supreme Court of the State of New York · 1985
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3Cited by4 opinions
- Matter of Banks v. StanfordAppellate Division of the Supreme Court of the State of New York · 2018
- Matter of Campbell v. StanfordAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Ferrante v. StanfordAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Kellogg v. New York State Bd. of ParoleAppellate Division of the Supreme Court of the State of New York · 2018