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MATTER OF COSTELLO v. NEW YORK STATE BD. OF PAROLE

No. 140

23 N.Y.3d 1002 (2014)

18 N.E.3d 739

994 N.Y.S.2d 39

2014 NY Slip Op 4805

In the Matter of PABLO COSTELLO, Appellant, v. NEW YORK STATE BOARD OF PAROLE et al., Respondents.

Court of Appeals of New York.

Decided June 26, 2014.

Attorney(s) appearing for the Case

Alfred O'Connor , New York State Defenders Association, Albany, and Norman P. Effman , Public Defender, Warsaw, for appellant.

Eric T Schneiderman , Attorney General, Albany ( Nancy A. Spiegel , Barbara D. Underwood and Andrea Oser of counsel), for respondents.

Mayer Brown, LLP, New York City ( Scott A. Chesin and Michael Ray field of counsel), for Robert Dennison and others, amici curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS-SALAAM concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the challenged determination annulled, and petitioner's parole reinstated.

The Executive Law requires the Board of Parole (the Board) to consider any victim impact statement in the decision to grant or deny parole release to an inmate (see Executive Law § 259-i [2] [c] [A]). Nonetheless, while it is undisputed that rescission proceedings...

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