IN THE MATTER OF JOHNSON v. NEW YORK STATE BOARD OF PAROLE


21 A.D.3d 1434 (2005)

801 N.Y.S.2d 222

In the Matter of DANIEL JOHNSON, Respondent, v. NEW YORK STATE BOARD OF PAROLE, Appellant.

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

September 30, 2005.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum:

Supreme Court erred in granting the petition, annulling the determination denying release on parole to petitioner, and ordering a de novo parole hearing before different members of respondent (see Matter of Simmons v. Travis, 15 A.D.3d 896 [2005...

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