MATTER OF PEACH v. RUSSI


213 A.D.2d 1017 (1995)

625 N.Y.S.2d 975

In the Matter of Bruce Peach, Respondent, v. Raul Russi, 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.

March 17, 1995


Order unanimously reversed on the law without costs and motion denied.

Memorandum:

The Parole Board denied petitioner release on parole based on the severity of his offenses and that denial was upheld on administrative appeal. In a CPLR article 78 proceeding, Supreme Court determined that the Parole Board had given insufficient reasons for its decision and ordered a new hearing. Thereafter, petitioner moved successfully for counsel fees pursuant to CPLR article...

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