MATTER OF RICE v. HAMMOCK


99 A.D.2d 644 (1984)

In the Matter of Oliver Rice, Respondent, v. Edward R. Hammock, as Chairman of The New York State Division of Parole, Appellant

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

January 27, 1984


Judgment unanimously reversed and petition dismissed.

Memorandum:

In this CPLR article 78 proceeding respondent appeals from a judgment granting petitioner a de novo parole release hearing. Supreme Court held that a new hearing is required because the Parole Board's decision fails to recite that consideration was given to the factors enumerated in the applicable statute (see Executive Law, § 259-i, subd 2, par [c]). We reverse. The record of the...

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