Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, the judgment is reinstated, and the proceeding is dismissed.
It is well settled that the New York State Board of Parole's release decisions are discretionary, and if made in accordance with statutory requirements, its decisions are not subject to judicial review (see, People ex rel. DiCostanzo v Hernandez,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.