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Matter of Ramirez v. N.Y. St. Bd. of Parole

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 1995
214 A.D.2d 441 (N.Y. App. Div. 1995)

Opinion

April 20, 1995

Appeal from the Supreme Court, New York County (Edith Miller, J.).


The respondents' determination to impose a penalty of 18 months reincarceration after the petitioner violated his parole by moving to New Jersey and not reporting to his parole officer for more than three months was not "so irrational as to border on impropriety" (People ex rel. Herbert v New York State Bd. of Parole, 97 A.D.2d 128, 133). While neither the Parole Board's decision nor the Hearing Officer's recommendation incorporated all the relevant factors previously raised, it is presumed that they were considered and, under the circumstances, the basis for the decision was sufficiently detailed (People ex rel. Haderxhanji v New York State Bd. of Parole, 97 A.D.2d 368). We have considered all other claims raised by the petitioner and find them to be meritless.

Concur — Murphy, P.J., Rosenberger, Kupferman, Nardelli and Mazzarelli, JJ.


Summaries of

Matter of Ramirez v. N.Y. St. Bd. of Parole

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 1995
214 A.D.2d 441 (N.Y. App. Div. 1995)
Case details for

Matter of Ramirez v. N.Y. St. Bd. of Parole

Case Details

Full title:In the Matter of LUIS RAMIREZ, Appellant, v. NEW YORK STATE BOARD OF…

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

Date published: Apr 20, 1995

Citations

214 A.D.2d 441 (N.Y. App. Div. 1995)
625 N.Y.S.2d 505