Collins v. Smith

OPINION OF THE COURT

Samuel L. Green, J.

In this CPLR article 78 proceeding, petitioner challenges a decision of the Parole Board which denied him parole. He alleges essentially that the Parole Board incorrectly considered him a persistent felony offender and failed to keep a verbatim record of his administrative appeal. Petitioner concludes that respondent’s decision was arbitrary, capricious and erroneous as a matter of law.

On January 20, 1981, petitioner appeared before the Parole Board for release consideration. After some preliminary inquiries, the following colloquy occurred:

“Q. Now we…