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MATTER OF MOORE v. TRAVIS

2 N.Y.3d 748 (2004)

810 N.E.2d 907

778 N.Y.S.2d 455

IN THE MATTER OF STANLEY MOORE, Appellant, v. BRION D. TRAVIS, AS CHAIR OF THE NEW YORK STATE DIVISION OF PAROLE, Respondent.

Court of Appeals of the State of New York.

Decided April 1, 2004.

Attorney(s) appearing for the Case

Stanley Moore, appellant pro se.

Eliot Spitzer, Attorney General, Albany (Frank Brady, Daniel Smirlock and Wayne L. Benjamin of counsel), for respondent.

Harold V. Ferguson, Jr., Brooklyn, for New York State Defenders Association, amicus curiae.

Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur; Judge Graffeo taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed without costs. Under the circumstances of this case, the Division of Parole's denial of petitioner's belated request to expunge misinformation which has already been corrected and upon which the Division does not rely was reasonable (see Matter of Pell v Board of Educ., 34 N.Y.2d 222, 231 [1974]).<...

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