Matter of Bruetsch v. New York State Dept. of Corrections & Community Supervision
May 11, 2014OUTCOME: won the Article 78 petition, and case remanded for a new hearing
Following exhaustion of administrative remedies, Mr. Ng filed, and won, an Article 78 Petition in Supreme Court, which overturned the Parole Board's denial of release to a model inmate with a perfect d ... isciplinary record. Criticizing a parole board's use of "usual and predictable language" to explain why it denied an inmate parole for a ninth time, a judge ordered that the offender get a new hearing immediately before a board comprised of different members. Like in many unfortunate cases, the Parole Board focused strictly on the nature of the crime, and the court found that "there is no additional rationale, other than the board's opinion of the heinous nature of the instant offense, to justify denial of parole release," Judge LaBuda said in Matter of Bruetsch v. New York State Department of Corrections and Community Supervision.
