Opinion

Hanson v. New York State Board of Parole

  • 57 A.D.3d 994
  • 869 N.Y.2d 786
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 30, 2008
Status
Published
Cited by
8 cases
Authority
More cited than 79.1%

The opinion

“A determination by the New York State Division of Parole (hereinafter the Board) made pursuant to Executive Law article 12-B ‘shall be deemed a judicial function and shall not be reviewable if done in accordance with law’ ” (Matter of Nankervis v Dennison, 30 AD3d 521, 522 [2006] quoting Executive Law § 259-i [5]). “Absent a ‘convincing demonstration’ to the contrary, the Board is presumed to have acted properly in accordance with statutory requirements, and judicial intervention is warranted only where there is a showing of ‘irrationality bordering on impropriety’ ” (Matter of Hardwick v Dennison, 43 AD3d 406 , 407 [2007], quoting Matter of Silmon v Travis, 95 NY2d 470, 476 [2000]).

The petitioner failed to demonstrate that the Board did not comply with the statutory requirements and failed to overcome the presumption that the Board reached its decision in accordance with those requirements (see Matter of Nankervis v Dennison, 30 AD3d at 522 ; Matter of Heitman v New York State Bd. of Parole, 214 AD2d 673 [1995]; Matter of McLain v New York State Div. of Parole, 204 AD2d 456, 456 [1994]; Matter of Ganci v Hammock, 99 AD2d 546, 547 [1984]). “[The Board] was not required to give equal weight to each factor, nor was it required *995 to discuss each of the factors in its determination” (Matter of Mata v Travis, 8 AD3d 570, 570 [2004]; see Matter of Johnson v Travis, 284 AD2d 686, 687 [2001]).

The petitioner’s remaining contentions are without merit. Skelos, J.E, Fisher, Miller and Garni, JJ., concur.

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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