Opinion
761 CA 15-00051
07-02-2015
In the Matter of Leonard FISCHER, Petitioner–Respondent, v. Michael GRAZIANO, Superintendent, Collins Correctional Facility, and Tina M. Stanford, Chairwoman, New York State Board of Parole, Respondents–Appellants.
Eric T. Schneiderman, Attorney General, Albany (Hillel Deutsch of Counsel), for Respondents–Appellants. Leonard Fischer, Petitioner–Respondent Pro Se.
Eric T. Schneiderman, Attorney General, Albany (Hillel Deutsch of Counsel), for Respondents–Appellants.
Leonard Fischer, Petitioner–Respondent Pro Se.
PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND WHALEN, JJ.
Opinion
MEMORANDUM:
Petitioner commenced this CPLR article 78 proceeding seeking to vacate the determination of the New York State Board of Parole (Board) denying his release to parole supervision. Respondents appeal from a judgment granting the petition and directing a de novo hearing before a different panel. We reverse the judgment and dismiss the petition. “It is well settled that parole release decisions are discretionary and will not be disturbed so long as the Board complied with the statutory requirements enumerated in Executive Law § 259–i ” (Matter of Gssime v. New York State Div. of Parole, 84 A.D.3d 1630, 1631, 923 N.Y.S.2d 307, lv. dismissed 17 N.Y.3d 847, 930 N.Y.S.2d 542, 954 N.E.2d 1168 ; see Matter of Delacruz v. Annucci, 122 A.D.3d 1413, 1413, 997 N.Y.S.2d 872 ). The Board is “not required to give equal weight to each of the statutory factors” but, rather, may “place [ ] greater emphasis on the severity of the crimes than on the other statutory factors” (Matter of MacKenzie v. Evans, 95 A.D.3d 1613, 1614, 945 N.Y.S.2d 471, lv. denied 19 N.Y.3d 815, 955 N.Y.S.2d 553, 979 N.E.2d 814 ; see Delacruz, 122 A.D.3d at 1413, 997 N.Y.S.2d 872 ). “Judicial intervention is warranted only when there is a ‘showing of irrationality bordering on impropriety’ ” (Matter of Silmon v. Travis, 95 N.Y.2d 470, 476, 718 N.Y.S.2d 704, 741 N.E.2d 501 ; see Matter of Gaston v. Berbary, 16 A.D.3d 1158, 1159, 791 N.Y.S.2d 781 ). Here, we conclude upon our review of the hearing transcript and the Board's written decision that the Board properly considered the required statutory factors and adequately set forth its reasons for denying petitioner's application for release (see Matter of Siao–Pao v. Dennison, 11 N.Y.3d 777, 778, 866 N.Y.S.2d 602, 896 N.E.2d 87, rearg. denied 11 N.Y.3d 885, 873 N.Y.S.2d 258, 901 N.E.2d 751 ). We further conclude that there was no showing of “ ‘irrationality bordering on impropriety’ ” (Silmon, 95 N.Y.2d at 476, 718 N.Y.S.2d 704, 741 N.E.2d 501 ).
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.