MTR OF COLLINS v. SMITH


113 Misc.2d 869 (1982)

In the Matter of Clyde Collins, Jr., Petitioner, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, et al., Respondents.

Supreme Court, Wyoming County.

April 5, 1982


Attorney(s) appearing for the Case

Leigh E. Anderson for petitioner. Robert Abrams, Attorney-General (David L. Edmunds, Jr., of counsel), for Edward J. Hammock, as Chairman of the New York State Board of Parole, respondent.


SAMUEL L. GREEN, J.

In this CPLR article 78 proceeding, petitioner challenges a decision of the Parole Board which denied him parole. He alleges essentially that the Parole Board incorrectly considered him a persistent felony offender and failed to keep a verbatim record of his administrative appeal. Petitioner concludes that respondent's decision was arbitrary, capricious and erroneous as a matter of law.

On January 20, 1981, petitioner appeared...

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