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eBook details

• Title: Matter Kevin Bacon v. Edward Hammock
• Author : Supreme Court of New York
• Release Date : January 18, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

In a proceeding pursuant to CPLR article 78 to review a determination of the State Board of Parole which, after a parole release hearing, denied petitioner his release on parole, petitioner appeals from a judgment of the Supreme court, Dutchess County (Rosenblatt, J.), dated June 3, 1982, which dismissed the petition. Judgment affirmed, without costs or disbursements. Upon this record, the factors enunciated by the board in its decision denying petitioner parole, namely, the nature and seriousness of the offenses of which he was convicted, constituted sufficient reason for such action (see, e.g., Matter of Shapiro v Hammock, 67 A.D.2d 713; Matter of Consilvio v New York State Bd. of Parole, 57 A.D.2d 955). Further, discretionary decisions of the Board of Parole are deemed to be judicial functions and are not reviewable if done in accordance with law (see Executive Law, § 259-i, subd 5; Matter of Briguglio v New York State Bd. of Parole, 24 N.Y.2d 21; Matter of Abrams v New York State Bd. of Parole, 88 A.D.2d 951; Matter of Shapiro v Hammock, supra).

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