Extract from article:
The Appellate Division, Third Department, has refused to reinstate an action on behalf of violent felons who contend the parole board has systematically violated state law in routinely denying release to Class A-1 convicts. The same issue was unsuccessfully litigated in federal court.
Graziano v. Evans, 512150, is the state court version of Graziano v. Pataki, 7:06-cv-00480, a Southern District case dismissed a year ago by Judge Cathy Seibel.
Judge Seibel rejected the plaintiffs' constitutional claims and the state courts have rejected their statutory claims.
The Third Department affirmed Albany Acting Supreme Court Justice Roger D. McDonough in dismissing the state court action ...
For full details, see the end part of this article:
Parole Board Ordered to Apply Retroactively Rehabilitation Factor, by John Caher (New York Law Journal, 27 Dec 2011)
A brief summary of the history of the Graziano case (Building Bridges, January 15 2012, at the end of section 5: Parole News)