Romer v. Dennison, 24 A.D.3d 866 (N.Y. App. Div. 2005). · Go Syfert
Romer v. Dennison, 24 A.D.3d 866 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Serrano v. New York State Dept. of Corr. & Community Supervision (nyappdiv, 2024-10-31)
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Serrano v. New York State Dept. of Corr. & Community Supervision
N.Y. App. Div. · 2024 · confidence medium
Moreover, "the receipt of an earned eligibility certificate does not preclude the Board from denying parole" ( Matter of Romer v Dennison , 24 AD3d 866, 867 [3d Dept 2005], lv denied 6 NY3d 706 [2006]; see Correction Law § 805; Matter of Wade v Stanford , 148 AD3d 1487, 1488 [3d Dept 2017]; Matter of Furman v Annucci , 138 AD3d 1269, 1270 [3d Dept 2016], lv dismissed 27 NY3d 1188 [2016]).
discussed Cited as authority (rule) Matter of Piagentini v. New York State Bd. of Parole
N.Y. App. Div. · 2019 · confidence medium
Matter of Lopez v Evans , 93 AD3d 983, 984 [2012]; People v Beames , 71 AD3d 1300, 1301 [2010]; Matter of Marcus v Alexander , 54 AD3d 476, 476 [2008]; Matter of Romer v Dennison , 24 AD3d 866, 868 [2005], lv denied 6 NY3d 706 [2006]) — indicates that the Legislature did not envision the possibility of challenges being raised to determinations granting parole.
discussed Cited as authority (rule) Matter of Piagentini v. New York State Bd. of Parole
N.Y. App. Div. · 2019 · confidence medium
Matter of Lopez v Evans , 93 AD3d 983, 984 [2012]; People v Beames , 71 AD3d 1300, 1301 [2010]; Matter of Marcus v Alexander , 54 AD3d 476, 476 [2008]; Matter of Romer v Dennison , 24 AD3d 866, 868 [2005], lv denied 6 NY3d 706 [2006]) — indicates that the Legislature did not envision the possibility of challenges being raised to determinations granting parole.
discussed Cited as authority (rule) Patterson v. Evans
N.Y. App. Div. · 2013 · confidence medium
Here, we conclude upon our review of the hearing transcript and the Board’s written decision that the Board considered the required statutory factors and adequately set forth its reasons for denying petitioner’s application for release (see Matter of Siao-Pao v Dennison, 11 NY3d 777, 778 [2008], rearg denied 11 NY3d 885 [2008]; Matter of Galbreith v New York State Bd. of Parole, 58 AD3d 731, 732 [2009]; Matter of Romer v Dennison, 24 AD3d 866, 868 [2005], lv denied 6 NY3d 706 [2006]).
discussed Cited as authority (rule) Patterson v. Evans
N.Y. App. Div. · 2013 · confidence medium
Here, we conclude upon our review of the hearing transcript and the Board’s written decision that the Board considered the required statutory factors and adequately set forth its reasons for denying petitioner’s application for release (see Matter of Siao-Pao v Dennison, 11 NY3d 777, 778 [2008], rearg denied 11 NY3d 885 [2008]; Matter of Galbreith v New York State Bd. of Parole, 58 AD3d 731, 732 [2009]; Matter of Romer v Dennison, 24 AD3d 866, 868 [2005], lv denied 6 NY3d 706 [2006]).
discussed Cited as authority (rule) Robles v. Alexander
N.Y. App. Div. · 2010 · confidence medium
Because the Board properly considered the relevant statutory factors (see Executive Law § 259-i [2] [c] [A]) and there has been no “showing of irrationality bordering on impropriety” (Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]), there is no basis for disturbing the determination of the Board (see Matter of Pearl v New York State Div. of Parole, 25 AD3d 1058 [2006]; Matter of Romer v Dennison, 24 AD3d 866, 867-868 [2005], lv denied 6 NY3d 706 [2006]).
discussed Cited as authority (rule) Cartagena v. Alexander
N.Y. App. Div. · 2009 · confidence medium
In light of this thorough review, we find that the Board’s inability to review the October 1984 sentencing minutes was harmless and, thus, we cannot say that the Board’s decision “ ‘evidenced irrationality bordering on impropriety’ ” (Matter of Marcus v Alexander, 54 AD3d 476, 476-477 [2008], quoting Matter of Romer v Dennison, 24 AD3d 866, 868 [2005], lv denied 6 NY3d 706 [2006]).
discussed Cited as authority (rule) Marcus v. Alexander
N.Y. App. Div. · 2008 · confidence medium
In light of this and upon our review of the record as a whole, we cannot agree that the Board’s decision “evidenced irrationality border ing on impropriety” (Matter of Romer v Dennison, 24 AD3d 866, 868 [2005], Iv denied 6 NY3d 706 [2006]; see Matter of Silmon v Travis, 95 NY2d 470, 476 [2000]).
discussed Cited as authority (rule) Hardwick v. Dennison
N.Y. App. Div. · 2007 · confidence medium
In this case, the petitioner failed to make a showing that the Board failed to consider the statutory factors (see Executive Law § 259-i [2] [c] [A]). “[T]he Board need not recite each of the factors upon which it relied in making its determination, and its decision (actual or perceived) to place particular emphasis on a specific factor is not fatal where, as here, it is apparent that the Board’s decision was made in compliance with statutory requirements” (Matter of Romer v Dennison, 24 AD3d 866, 868 [2005]).
discussed Cited as authority (rule) Waki Milling v. Berbary
N.Y. App. Div. · 2006 · confidence medium
Because the Board properly considered the relevant statutory factors (see Executive Law § 259-i [2] [c] [A]) and there has been no “showing of irrationality bordering on impropriety” (Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]), we perceive no basis for disturbing the determination (see Matter of Pearl v New York State Div. of Parole, 25 AD3d 1058 [2006]; Matter of Romer v Dennison, 24 AD3d 866, 867-868 [2005], lv denied 6 NY3d 706 [2006]).
Retrieving the full opinion text from the archive…
In the Matter of Steven J. Romer
v.
Robert Dennison, as Chair of the New York State Board of Parole, Appellants-Respondents
Appellate Division of the Supreme Court of the State of New York.
Dec 1, 2005.
24 A.D.3d 866
III.
Cited by 11 opinions  |  Published
Crew III, J.

Cross appeals from a judgment of the Supreme Court (Malone, Jr., J.), entered June 20, 2005 in Albany County, which, inter alia, granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Board of Parole denying petitioner’s request for parole release.

Petitioner, a disbarred attorney, currently is serving an aggregate prison sentence of 7½ to 22½ years based upon his convictions of grand larceny in the first degree (four counts), grand larceny in the second degree, criminal possession of stolen property in the first degree (four counts), criminal possession of stolen property in the second degree and criminal possession of a forged instrument in the second degree (four counts). In addition, petitioner was ordered to pay restitution in the amount of $7,028,000 (People v Romer, 203 AD2d 206 [1994], Iv denied 83 NY2d 971 [1994]). These convictions stemmed from petitioner’s theft of funds from former clients.

In June 2004, petitioner made his fourth appearance before respondent Board of Parole and again was denied parole release. Petitioner then commenced this proceeding pursuant to CPLR article 78 seeking to annul the Board’s determination. Supreme Court granted petitioner’s application to annul and directed the Board to conduct a de novo hearing. Respondents now appeal and petitioner cross appeals, the latter contending that Supreme Court should have ordered his immediate release from prison.

Supreme Court granted petitioner’s application to annul based upon its belief that the Board denied petitioner parole release solely due to the serious nature of the crimes for which he is incarcerated. After reviewing the record in its entirety, we disagree and, accordingly, reverse Supreme Court’s judgment.

Pursuant to Correction Law § 805, an inmate who, like petitioner, is serving a minimum term of not more than eight years and has been issued a certificate of earned eligibility, “shall be granted parole release at the expiration of his minimum term . . . unless the board of parole determines that there is a reasonable probability that, if such inmate is released, he will not live and remain at liberty without violating the law and that his release is not compatible with the welfare of society.” Contrary to petitioner’s assertion, the receipt of an earned eligibility certificate does not preclude the Board from denying parole (see Matter of Barad v New York State Bd. of Parole, 275 AD2d 856 [2000], lv denied 96 NY2d 702 [2001]). And, provided the Board’s determination is made in accordance with statutory requirements (see Executive Law § 259-i [2] [c] [A]), such determination will not be disturbed absent a “showing of irrational[*868] ity bordering on impropriety” (Matter of Russo v New York State Bd. of Parole, 50 NY2d 69, 77 [1980]; see Matter of Salahuddin v Travis, 17 AD3d 760 [2005], lv denied 5 NY3d 707 [2005]).

Unlike the situation in Matter of Wallman v Travis (18 AD3d 304 [2005]), wherein the First Department concluded that neither the Board’s written decision nor the record as a whole contained sufficient facts to support its decision to deny the petitioner’s bid for parole, even a cursory review of the record here reveals that the Board, in denying petitioner’s request for parole release, indeed considered factors other than the seriousness of the crimes for which petitioner stands convicted. Here, the Board’s written decision makes specific reference to petitioner’s positive institutional record, which, as amplified by the hearing transcript, indicates that petitioner served as a program aide for chaplain services and as a paralegal assistant in the facility law library, in addition to teaching a legal research class and, on occasion, a Hebrew reading class. Petitioner’s institutional record further reflects that he has not received any disciplinary tickets during the entire period of his incarceration and, as noted in the Board’s decision, has been issued an earned eligibility certificate. Additionally, at the parole hearing, the Board noted petitioner’s lack of prior involvement with the criminal justice system, the absence of a drug or alcohol problem, his desire to reimburse his former clients and his postrelease plans. The record also reflects, however, that petitioner continues to maintain his innocence of the crimes for which he stands convicted—crimes that, the Board observed, involved “devious, manipulative and cunning acts perpetrated against vulnerable individuals” who had placed their trust in petitioner. The Board further noted petitioner’s “total disregard” for the impact that his actions would have on his clients.

As we previously have held, the Board need not recite each of the factors upon which it relied in making its determination, and its decision (actual or perceived) to place particular emphasis on a specific factor is not fatal where, as here, it is apparent that the Board’s decision was made in compliance with statutory requirements (see Matter of Salahuddin v Travis, supra). In light of the foregoing, and based upon our review of the record as a whole, we simply cannot agree with Supreme Court that the Board’s decision to deny petitioner parole release was based solely upon the seriousness of the underlying crimes and/or evidenced irrationality bordering on impropriety. Accordingly, Supreme Court’s judgment is reversed and the petition is dismissed. Having so concluded, we need not address the merits of petitioner’s cross appeal.

[*869] Mercure, J.P., Peters, Carpinello and Kane, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, and petition dismissed.