ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

December 05, 2018

Remedy to be provided in the event the rejection of an administrative appeal was marred by a procedural error


Remedy to be provided in the event the rejection of an administrative appeal was marred by a procedural error
Clark v NYS Board of Parole, 2018 NY Slip Op 08071, Appellate Division, First Department

Supreme Court granted the petition to annul the determination of the Commissioners of the New York State Department of Parole [Board] affirming the determination of a panel of the Board denying Petitioner's application for parole. Supreme Court then remanded the matter for a new review before a new panel of the Board. The Board appealed the court's decision.

The Appellate Division unanimously modified the Supreme Court's ruling on the law, reinstating the panel's denial of parole but remanded the matter to the Commissioners of the Board for a new administrative appeal of that action to be considered by a new panel.

The Appellate Division explained that Supreme Court had correctly determined that the rejection of the administrative appeal was marred by procedural error when the administrative Panel permissibly considered communications in opposition to a Petitioner's application for parole submitted by public officials and members of the community and refused to provide the Petitioner with access to any of the communications it had considered in connection with the Petitioner's application for parole.

However, said the Appellate Division, the correct remedy for this procedural error in the conduct of the Panel is the annulment of the decision and the remand of the matter for new administrative appellate proceedings in which the Board should turn over the requested material, with any authorized and necessary redactions, to the Petitioner rather than the annulment of the initial denial of parole by the Panel as the matter must still undergo a proper administrative review.

The decision is posted on the Internet at:


CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com