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KOSMIN v. N.J. STATE PAROLE BD.

830 A.2d 914 (2003)

363 N.J. Super. 28

Margaret KOSMIN, Appellant, v. NEW JERSEY STATE PAROLE BOARD, Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 18, 2003.

Attorney(s) appearing for the Case

Robert B. Reed, Flemington, argued the cause for appellant (Reed and Scholl, attorneys; Mr. Reed, of counsel and on the brief; Mark F. Donlon and Melissa A. D'Arcy, on the brief).

Nicole Schreiner, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Acting Attorney General, attorney; Ms. Schreiner and Patrick DeAlmeida, Deputy Attorney General, on the brief).

Before Judges PRESSLER, CIANCIA and AXELRAD.

The opinion of the court was delivered by PRESSLER, P.J.A.D.

Appellant Margaret Kosmin appeals from the denial by respondent Parole Board of her application for parole. We have concluded from our review of this record that it cannot support the Parole Board's stated reason for denial of parole, namely, that if released she will be likely to commit another crime. Accordingly, we conclude that the denial of parole was arbitrary and unreasonable, and we reverse.

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