Matter of Thomas v. N.Y. State Bd. of Parole

Full title: In the Matter of ALBERT THOMAS, Petitioner, v. NEW YORK STATE BOARD OF…

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

Date published: Oct 25, 1994

208 A.D.2d 460 (N.Y. App. Div. 1994)

617 N.Y.S.2d 309

Opinion

October 25, 1994

Appeal from the Supreme Court, New York County [Joan Lobis, J.].

Although the Maryland Order for Probation does not strictly comply with the provisions of CPLR 4540 (c), which requires certification under seal or exemplification, the Hearing Officer did not abuse her discretion in admitting this document on the ground of its apparent authenticity, including the outline of a seal and the "true copy" stamp of the Administrative Clerk of the District Court of Maryland on the court-generated non-jury trial report submitted with the Order and memorializing the conviction for which the sentence of probation was imposed (see, People v Parsons, 84 A.D.2d 510, affd 55 N.Y.2d 858). Moreover, the Parole Violation Reports entered into evidence constituted sufficient evidence to sustain the determination to revoke parole (People ex rel. McGee v. Walters, 62 N.Y.2d 317, 321).

Concur — Wallach, J.P., Asch, Rubin and Williams, JJ.