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Matter of Secilmic v. Keane

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1996
225 A.D.2d 628 (N.Y. App. Div. 1996)

Opinion

March 11, 1996

Appeal from the Supreme Court, Westchester County (Lange, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly dismissed the petition because discretionary decisions of the New York State Board of Parole, which take into consideration the criteria set forth in Executive Law § 259-i (5), are not judicially reviewable (see, Matter of Hall v New York State Executive Dept., 188 A.D.2d 791; Matter of Davis v New York State Div. of Parole, 114 A.D.2d 412). The Board based its determination upon the extraordinarily serious and violent nature of the crimes for which the petitioner was incarcerated, which is a sufficient ground to deny parole release (see, Executive Law § 259-i [c]; Matter of King v New York State Div. of Parole, 83 N.Y.2d 788; Matter of Weir v New York State Div. of Parole, 205 A.D.2d 906; People ex rel. Thomas v Superintendent, 124 A.D.2d 848, 849).

The petitioner's remaining contentions are not preserved for appellate review and we decline to reach them in the interest of justice. Miller, J.P., Joy, Hart and Krausman, JJ., concur.


Summaries of

Matter of Secilmic v. Keane

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1996
225 A.D.2d 628 (N.Y. App. Div. 1996)
Case details for

Matter of Secilmic v. Keane

Case Details

Full title:In the Matter of YUNIS SECILMIC, Appellant, v. JOHN P. KEANE et al.…

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

Date published: Mar 11, 1996

Citations

225 A.D.2d 628 (N.Y. App. Div. 1996)
639 N.Y.S.2d 437

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