Matter of Benson v New York State Bd. of Parole, 35 NY3d at 1008 (2020)

2020 NY Slip Op 03207 [35 NY3d 1007]
June 9, 2020
Court of Appeals

[*1]

In the Matter of Eric Benson, Appellant,
v
New York State Board of Parole, Respondent.

Decided June 9, 2020

Matter of Benson v New York State Bd. of Parole, 176 AD3d 1548, affirmed.

{**35 NY3d at 1008} OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, without costs.

Judicial intervention in Parole Board determinations is warranted “only when there is a showing of irrationality bordering on impropriety” (Matter of Silmon v Travis, 95 NY2d 470, 476 [2000] [internal quotation marks omitted]). Petitioner failed to make such a showing here with regard to the Parole Board’s determination to rescind his parole release.

Our decision in Matter of Costello v New York State Bd. of Parole (23 NY3d 1002 [2014]) does not compel a contrary result. Costello was decided “under the particular circumstances of [that] case,” which circumstances are distinguishable from the present case (id. at 1004).

Chief Judge DiFiore and Judges Stein, Fahey, Garcia and Feinman concur; Judges Rivera and Wilson dissent for [*2]reasons stated in the dissenting opinion of Presiding Justice Elizabeth A. Garry at the Appellate Division (see Matter of Benson v New York State Bd. of Parole, 176 AD3d 1548, 1553-1555 [3d Dept 2019, Garry, P.J., dissenting]).{**35 NY3d at 1009}

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.