| Matter of Hanna v New York State Bd. of Parole |
| 2019 NY Slip Op 01147 [169 AD3d 503] |
| February 14, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Gail Hanna, Appellant, v New York State Board of Parole, Respondent. |
Kramer Levin Naftalis & Frankel, New York (Elise C. Funke of counsel), for appellant.
Barbara D. Underwood, Attorney General, New York (Blair J. Greenwald of counsel), for respondent.
Judgment, Supreme Court, New York County (Carol R. Edmead, J.), entered May 30, 2018, which denied petitioner's application to annul respondent's denial of parole, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Respondent's denial of parole was not arbitrary and capricious considering, as required, all of the relevant statutory factors, including the serious nature of petitioner's offense (Matter of Silmon v Travis, 95 NY2d 470, 477 [2000]). Contrary to petitioner's contention, there was official opposition to her parole application (contra Matter of Smith v New York State Bd. of Parole, 34 AD3d 1156, 1157 [3d Dept 2006]), and the Parole Board members did not improperly apply their personal beliefs to the issues of petitioner's mental health or her insight into her offense (Silmon, 95 NY2d at 477). Concur—Friedman, J.P., Sweeny, Webber, Kahn, Kern, JJ. [Prior Case History: 2018 NY Slip Op 31019(U).]