MATTER OF BYAS v. FISCHER

943 CA 13-01121

120 A.D.3d 1586 (2014)

992 N.Y.S.2d 813

2014 NY Slip Op 06443

In the Matter of WALTER BYAS, Appellant, v. BRIAN FISCHER, Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided September 26, 2014.


It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 seeking to annul the determination of the Parole Board denying him parole release. As an initial matter, we reject petitioner's contention that the 2011 amendment to Executive Law § 259-c (4) required the Parole Board to promulgate formal procedures to focus on rehabilitation...

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