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Matter of Rice v. Hammock

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 27, 1984
99 A.D.2d 644 (N.Y. App. Div. 1984)

Opinion

January 27, 1984

Appeal from the Supreme Court, Wyoming County, Fudeman, J.

Present — Dillon, P.J., Denman, Boomer, Green and O'Donnell, JJ.


Judgment unanimously reversed and petition dismissed. Memorandum: In this CPLR article 78 proceeding respondent appeals from a judgment granting petitioner a de novo parole release hearing. Supreme Court held that a new hearing is required because the Parole Board's decision fails to recite that consideration was given to the factors enumerated in the applicable statute (see Executive Law, § 259-i, subd 2, par [c]). We reverse. The record of the parole release hearing demonstrates that the board had before it all of the information required by the statute to be considered, and the decision set forth in detail the board's reasons for denying parole (see Executive Law, § 259-i, subd 2, par [a]; Matter of Collins v Hammock, 52 N.Y.2d 798).


Summaries of

Matter of Rice v. Hammock

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 27, 1984
99 A.D.2d 644 (N.Y. App. Div. 1984)
Case details for

Matter of Rice v. Hammock

Case Details

Full title:In the Matter of OLIVER RICE, Respondent, v. EDWARD R. HAMMOCK, as…

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

Date published: Jan 27, 1984

Citations

99 A.D.2d 644 (N.Y. App. Div. 1984)

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