Matter of Siao-Pao v Dennison |
2008 NY Slip Op 06872 [11 NY3d 777] |
September 16, 2008 |
Court of Appeals |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
As corrected through Wednesday, November 12, 2008 |
In the Matter of Leopold Siao-Pao, Appellant, v Robert Dennison, as Acting Chairman of the New York State Division of Parole, Respondent. |
Decided September 16, 2008
Matter of Siao-Pao v Dennison, 51 AD3d 105, affirmed.
APPEARANCES OF COUNSEL
Feinman & Grossbard, P.C., White Plains (Steven N. Feinman of counsel), for appellant, and Leopold Siao-Pao, appellant pro se.
Andrew M. Cuomo, Attorney General, New York City (Robert C. Weisz of counsel), for respondent.
Memorandum.
The order of the Appellate Division should be affirmed, without costs.{**11 NY3d at 778}
The courts below applied the correct legal standards and properly considered the Board of Parole's written determination, which, when evaluated in the context of the parole hearing [*2]transcript, demonstrated that the Board considered the required statutory factors (see Executive Law § 259-i; Matter of Silmon v Travis, 95 NY2d 470, 476 [2000]). The Board's written determination, while less detailed than it might be, is not merely "conclusory" and so does not violate Executive Law § 259-i (2) (a) (i).
Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, without costs, in a memorandum.