MATTER OF BENNETT v. REGAN


78 Misc.2d 1079 (1974)

In the Matter of Elbert C. Bennett, Petitioner, v. Paul J. Regan, as Chairman of the New York State Board of Parole, et al., Respondents.

Supreme Court, Clinton County.

August 12, 1974


Attorney(s) appearing for the Case

Robert P. Wylie for petitioner. Louis J. Lefkowitz, Attorney-General (Edgar G. Purcell of counsel), for respondents.


IRVING GOLDMAN, J.

Elbert C. Bennett, petitioner, brings this proceeding seeking a judgment directing the respondents to state their reasons why his release on parole was denied. In substance, petitioner argues that unless the specific reason is stated, he will be denied "due process" in that an arbitrary decision by the board could not be judicially reviewed.

Respondent replies that the granting of...

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