Matter of Moore v. N.Y. State Bd. of Parole

Full title: In the Matter of JAMES R. MOORE, Appellant, v. NEW YORK STATE BOARD OF…

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

Date published: Sep 30, 1994

207 A.D.2d 983 (N.Y. App. Div. 1994)

617 N.Y.S.2d 674

Opinion

September 30, 1994

Appeal from the Supreme Court, Cayuga County, Contiguglia, J.

Present — Pine, J.P., Lawton, Fallon, Doerr and Davis, JJ.

Judgment insofar as it transfers issue and order of transfer unanimously vacated and judgment otherwise affirmed. Memorandum: The parties acknowledged at oral argument that the Parole Board interview did not constitute a hearing within the meaning of CPLR 7803 (4). Thus, no transfer to this Court was required under CPLR 7804 (g). Supreme Court did not err in finding that the determination to deny parole release was not arbitrary and capricious (see, CPLR 7803).