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MATTER OF TOMARKIN v. BOMBARD

56 A.D.2d 881 (1977)

In the Matter of Robert Tomarkin, Respondent, v. Roy Bombard, as Superintendent of The Green Haven Correctional Facility, et al., Appellants In the Matter of Robert Tomarkin, Respondent, v. Lt. Tanner et al., Appellants The People of the State of New York ex rel. Bruce Hofstetter, on Behalf of Robert Tomarkin, Respondent, v. Superintendent of the Green Haven Correctional Facility et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 16, 1977

Judgments reversed, on the law, without costs or disbursements, proceedings dismissed on the merits, and petitioner is remanded to the custody of the Superintendent of the Green Haven Correctional Facility.

In our opinion, Special Term improperly directed petitioner's release on parole. It is settled beyond peradventure that "so long as the Board [of Parole] violates no positive statutory requirement, its discretion is absolute and beyond review in the courts" (

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