MATTER OF QUARTARARO v. NEW YORK STATE DIV. OF PAROLE


224 A.D.2d 266 (1996)

637 N.Y.S.2d 721

In the Matter of Michael Quartararo, Respondent, v. New York State Division of Parole, Appellant

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

February 13, 1996


The record supports the conclusion of the IAS Court that, in denying petitioner's application for parole after the February and March hearings, respondent improperly considered factors outside the scope of Executive Law § 259-i and in violation of a prior court order. However, while we share the IAS Court's concern over respondent's failure, after three attempts, to provide petitioner with a fair hearing, the proper remedy is to remand the matter for a de novo hearing...

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