Matter of Stanley Moore v Brion D. Travis

Matter of Moore v Travis 2004 NY Slip Op 02424 [2 NY3d 748] April 1, 2004 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 30, 2004

[*1] 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

Matter of Moore v Travis, 304 AD2d 1001, affirmed.

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

Memorandum.

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.

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.