Opinion

The Matter of Eric Benson v. New York State Board of Parole

Court
New York Court of Appeals
Filed
Jun 9, 2020
Status
Published
Cited by
0 cases
Authority
More cited than 11.8%

The opinion

State of New York MEMORANDUM

Court of Appeals This memorandum is uncorrected and subject to

revision before publication in the New York Reports.

No. 63 SSM 4

In the Matter of Eric Benson,

Appellant,

v.

New York State Board of Parole,

Respondent.

Submitted by Alfred O'Connor, for appellant.

Submitted by Frank Brady, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed, without costs.

Judicial intervention in Parole Board determinations is warranted “only when there

is a showing of irrationality bordering on impropriety” (Matter of Silmon v Travis, 95

-1-

-2- SSM No. 4

NY2d 470, 476 [2000] [internal quotation marks omitted]). Petitioner failed to make such

a showing here with regard to the Parole Board’s determination to rescind his parole

release.

Our decision in Matter of Costello v New York State Bd. of Parole (23 NY3d 1002

[2014]) does not compel a contrary result. Costello was decided “under the particular

circumstances of [that] case,” which circumstances are distinguishable from the present

case (id. at 1004).

* * * * * * * * * * * * * * * * *

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, without

costs, in a memorandum. Chief Judge DiFiore and Judges Stein, Fahey, Garcia and

Feinman concur. Judges Rivera and Wilson dissent for reasons stated in the dissenting

opinion of Presiding Justice Elizabeth A. Garry at the Appellate Division (see Matter of

Benson v New York State Board of Parole, 176 AD3d 1548, 1553-1555 [3rd Dept 2019]

[Garry, P.J. dissenting]).

Decided June 9, 2020

-2-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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