MATTER OF GELSOMINO v. NEW YORK STATE BOARD OF PAROLE

2010-08428.

82 A.D.3d 1097 (2011)

918 N.Y.S.2d 892

In the Matter of LOUIS GELSOMINO, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided March 22, 2011.


Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is granted to the extent that the determination is annulled, and the matter is remitted to the New York State Division of Parole for a new hearing and a new determination.

Pursuant to Executive Law § 259-i (2) (c), the New York State Board of Parole (hereinafter the Parole Board) is required to consider a number of statutory factors in determining whether an inmate...

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