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Matter of Hergueta v. New York St. Parole Bd.

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1978
63 A.D.2d 701 (N.Y. App. Div. 1978)

Opinion

May 15, 1978


In a proceeding pursuant to CPLR article 78 to review a determination of the respondent New York State Board of Parole, dated April 26, 1977, which denied petitioner her release on parole, the appeal is from a judgment of the Supreme Court, Westchester County, entered October 7, 1977, which granted the petition "to the extent that [the board] is Ordered to furnish petitioner with new reasons for parole denial that comply with the provisions of $213 of the Correction Law." Judgment reversed, on the law, without costs or disbursements, and proceeding dismissed on the merits. Sufficient and meaningful reasons were stated by the Board of Parole and represent a proper application of the criteria set forth in section 213 Correct. of the Correction Law (see Matter of Consilvio v New York State Bd. of Parole, 57 A.D.2d 955; Matter of Sturgis v Caldwell, 57 A.D.2d 728; Matter of Odom v Henderson, 57 A.D.2d 710; Matter of Tomarkin v Bombard, 56 A.D.2d 881). Titone, J.P., Rabin, Gulotta and Hawkins, JJ., concur.


Summaries of

Matter of Hergueta v. New York St. Parole Bd.

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1978
63 A.D.2d 701 (N.Y. App. Div. 1978)
Case details for

Matter of Hergueta v. New York St. Parole Bd.

Case Details

Full title:In the Matter of ROSARIO HERGUETA, Respondent, v. NEW YORK STATE PAROLE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1978

Citations

63 A.D.2d 701 (N.Y. App. Div. 1978)

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