Majority
p. 1076In the Matter of Kenneth Despard, Respondent, v Raul Russi, as Chairman of New York State Division of Parole, et al., Appellants. [598 NYS2d 753]
—Judgment unanimously reversed on the law and petition dismissed. Memorandum: Supreme Court erred in directing respondents to conduct a de novo parole release hearing. Respondents’ determination is supported by the record and was made in accordance with the law, thereby foreclosing judicial intervention (see, Correction Law § 805; Matter of Salcedo v Ross, 183 AD2d 771 ; Matter of Walker v Russi, 176 AD2d 1185 , Iv dismissed 79 NY2d 897 ; Matter of Confoy v New York State Div. of Parole, 173 AD2d 1014 ). (Appeal from Judgment of Supreme Court, Wyoming County, Dadd, J. — Article 78.) Present — Callahan, J. P., Pine, Balio, Lawton and Doerr, JJ.
Cases cited
- Confoy v. New York State Division of Parole 173 AD2d 1014 p. 1076