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

101546/14, 1868.

146 A.D.3d 22 (2016)

2016 NY Slip Op 07415

41 N.Y.S.3d 490

In the Matter of NIKI ROSSAKIS, Respondent, v. NEW YORK STATE BOARD OF PAROLE, Appellant.

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

Decided November 10, 2016.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, New York City ( Philip V. Tisne and Steven C. Wu of counsel), for appellant.

Richard M. Greenberg , Office of the Appellate Defender, New York City, for respondent.

MAZZARELLI, J.P., SWEENY, ACOSTA and MOSKOWITZ, JJ. concur.

OPINION OF THE COURT

In this appeal, we take the unusual step of affirming the annulment of a decision of respondent-appellant New York State Board of Parole denying parole to petitioner-respondent Niki Rossakis. We agree with the motion court that the Board's decision was so irrational as to border on impropriety and was therefore...

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