Matter of Kozlowski v New York State Bd. of Parole

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Matter of Kozlowski v New York State Bd. of Parole 2013 NY Slip Op 05003 Decided on July 2, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 2, 2013
Mazzarelli, J.P., Acosta, Saxe, Freedman, Clark, JJ.
104097/12

[*1]10541 In re L. Dennis Kozlowski, Petitioner-Respondent,

v

New York State Board of Parole, Respondent-Appellant.




Eric T. Schneiderman, Attorney General, New York (Mark H.
Shawhan of counsel), for appellant.
Carter Ledyard & Milburn LLP, New York (Alan S. Lewis of
counsel), for respondent.

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered February 8, 2013, annulling respondent's determination, dated April 4, 2012, which denied petitioner's application for release on parole, and remanding the matter for a de novo hearing and determination, unanimously reversed, on the law, without costs, the petition denied, the determination reinstated, and the proceeding brought pursuant to CPLR article 78 dismissed.

Respondent's denial of petitioner's application for parole was rational (see Matter of Silmon v Travis, 95 NY2d 470, 476 [2000]). The record demonstrates that respondent considered the required statutory factors and adequately set forth its reasons for the denial, which include its conclusion that petitioner's release would "tend to deprecate the seriousness of the instant
offenses and undermine respect for the law" (see Executive Law § 259-i[2][c][A]; Matter of Silmon, 95 NY2d at 476). While "less detailed than it might be, [the determination] is not merely conclusory'" (see Matter of Siao—Pao v Dennison, 11 NY3d 777, 778 [2008]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JULY 2, 2013

CLERK