From Casetext: Smarter Legal Research

Matter of Baker v. Russi

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1992
188 A.D.2d 771 (N.Y. App. Div. 1992)

Opinion

December 10, 1992

Appeal from the Supreme Court, Albany County (Conway, J.).


Decisions of the Board of Parole are discretionary and not subject to judicial review if made in accordance with the requirements of the statute (Matter of McKee v New York State Bd. of Parole, 157 A.D.2d 944). The Board denied petitioner's request for parole in this case based upon the seriousness of the offense and his apparent need for psychological counseling. We find that these reasons were supported by the record and that the determination was made in accordance with the law (see, Matter of Wright v Parole Div., 132 A.D.2d 821; Matter of Ristau v Hammock, 103 A.D.2d 944, lv denied 63 N.Y.2d 608). We find petitioner's other arguments to be without merit.

Weiss, P.J., Levine, Crew III, Mahoney and Harvey, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Matter of Baker v. Russi

Appellate Division of the Supreme Court of New York, Third Department
Dec 10, 1992
188 A.D.2d 771 (N.Y. App. Div. 1992)
Case details for

Matter of Baker v. Russi

Case Details

Full title:In the Matter of RICHARD BAKER, Appellant, v. RAUL RUSSI, as Chairman of…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Dec 10, 1992

Citations

188 A.D.2d 771 (N.Y. App. Div. 1992)
591 N.Y.S.2d 540

Citing Cases

Hanna v. N.Y. State Bd. of Parole

"Appellant's argument that consideration of appellant's mental health history was inappropriate is…

Matter of Dudley v. Brown

Supreme Court dismissed petitioner's application from which petitioner appeals. Determinations rendered by…