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MATTER OF CUMMINGS v. REGAN

36 N.Y.2d 969 (1975)

In the Matter of Michael Cummings et al., on Behalf of Themselves and All Other Persons Similarly Situated, Appellants, v. Paul J. Regan, as Chairman of the New York State Board of Parole, et al., Respondents. In the Matter of Thomas A. Cummings et al., on Behalf of Themselves and All Other Inmates Similarly Situated, Respondents, v. Paul J. Regan, as Chairman of the New York State Board of Parole, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 17, 1975.

Attorney(s) appearing for the Case

Warren H. Richmond, III, William E. Hellerstein and Joel Berger for appellants in the first above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel), for appellants in the second above-entitled proceeding and respondents in the first above-entitled proceeding.

Herman Schwartz and Edward I. Koren for respondents in the second above-entitled proceeding.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge COOKE taking no part.

MEMORANDUM.

In these cases the contention is made that when an application for parole is denied, the Parole Board must give some exposition of the reasons for its action. The contention is predicated on both constitutional and nonconstitutional grounds. In one case the Appellate Division, Fourth Department, affirmed an order of Supreme Court, Erie County, directing the Parole Board to disclose the reasons for denial of parole...

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