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MATTER OF THOMAS v. NEW YORK STATE DIVISION OF PAROLE

286 A.D.2d 393 (2001)

729 N.Y.S.2d 160

In the Matter of KIM THOMAS, Respondent, v. NEW YORK STATE DIVISION OF PAROLE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 13, 2001.

Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed on the merits.

A determination by a parole board whether or not to grant parole is discretionary...

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