Majority
p. 704[810 NE2d 907, 778 NYS2d 455] In the Matter of Stanley Moore, Appellant, v Brion D. Travis, as Chair of the New York State Division of Parole, Respondent. Decided April 1, 2004
p. 705
APPEARANCES OF COUNSEL
Stanley Moore, appellant pro se.
Eliot Spitzer, Attorney General, Albany (Frank Brady, Daniel Smirlock and Wayne L. Benjamin of counsel), for respondent.
Harold V. Ferguson, Jr., Brooklyn, for New York State Defenders Association, amicus curiae.
OPINION OF THE COURT
The order of the Appellate Division, insofar as appealed from, should be affirmed without costs. Under the circumstances of this case, the Division of Parole’s denial of petitioner’s belated request to expunge misinformation which has already been corrected and upon which the Division does not rely was reasonable (see Matter of Pell v Board of Educ., 34 NY2d 222 , 231 [1974]).
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Read and R.S. Smith concur; Judge Graffeo taking no part.
p. 706
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order, insofar as appealed from, affirmed, without costs, in a memorandum.
Cases cited
- Pell v. Board of Education 34 NY2d 222 at 231 p. 705