Majority
p. 1046In the Matter of James Davis, Appellant, v Victor Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents. (Appeal No. 1.) [619 NYS2d 1024]
—Judgment unanimously affirmed. Memorandum: The Parole Board gave fair consideration to the applicable statutory factors (see, Executive Law § 259-i), and its denial of petitioner’s request for parole was not arbitrary and capricious (see, Matter of Watkins v Caldwell, 54 AD2d 42 , 45; see also, Matter of Russo
p. 1047
v New York State Bd. of Parole, 50 NY2d 69 , 77). Supreme Court properly denied petitioner’s postjudgment motion for disclosure of documents because those documents are exempt pursuant to 9 NYCRR 8000.5 (c) (2). (Appeal from Judgment of Supreme Court, Erie County, Flaherty, J.—Article 78.) Present—Balio, J. P., Lawton, Fallon, Wesley and Doerr, JJ.
Cases cited
- Watkins v. Caldwell 54 AD2d 42 at 45 p. 1046
- Russo v. New York State Board of Parole 50 NY2d 69 at 77 p. 1047