Opinion
2013-07-2
In re L. Dennis KOZLOWSKI, Petitioner–Respondent, v. NEW YORK STATE BOARD OF PAROLE, Respondent–Appellant.
Eric T. Schneiderman, Attorney General, New York (Mark H. Shawhan of counsel), for appellant. Carter Ledyard & Milburn LLP, New York (Alan S. Lewis of counsel), for respondent.
Eric T. Schneiderman, Attorney General, New York (Mark H. Shawhan of counsel), for appellant. Carter Ledyard & Milburn LLP, New York (Alan S. Lewis of counsel), for respondent.
MAZZARELLI, J.P., ACOSTA, SAXE, FREEDMAN, CLARK, JJ.
Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered February 8, 2013, annulling respondent's determination, dated April 4, 2012, which denied petitioner's application for release on parole, and remanding the matter for a de novo hearing and determination, unanimously reversed, on the law, without costs, the petition denied, the determination reinstated, and the proceeding brought pursuant to CPLR article 78 dismissed.
Respondent's denial of petitioner's application for parole was rational ( see Matter of Silmon v. Travis, 95 N.Y.2d 470, 476, 718 N.Y.S.2d 704, 741 N.E.2d 501 [2000] ). The record demonstrates that respondent considered the required statutory factors and adequately set forth its reasons for the denial, which include its conclusion that petitioner's release would “tend to deprecate the seriousness of the instant offenses and undermine respect for the law” ( seeExecutive Law § 259–i[2][c][A]; Matter of Silmon, 95 N.Y.2d at 476, 718 N.Y.S.2d 704, 741 N.E.2d 501). While “less detailed than it might be, [the determination] is not merely ‘conclusory’ ” ( see Matter of Siao–Pao v. Dennison, 11 N.Y.3d 777, 778, 866 N.Y.S.2d 602, 896 N.E.2d 87 [2008] ).