In Matter of Gutkaiss v. New York State Division of Parole , Timothy Gutkaiss was serving a prison term for sodomy, stemming from an incident which reportedly involved his young nephew. After his parole request was denied, Gutkaiss filed a special proceeding -- pursuant to CPLR article 78 -- to have the decision reviewed. When the Albany County Supreme Court denied his request, Gutkaiss appealed.
The Appellate Division, Third Department, concluded the New York State Parole Board hadn't erred since Gutkaiss showed a "propensity for extreme violence" by engaging in a "violent felony offense." Although Gutkaiss showed progress by completing institutional programs, the AD3 noted parole release isn't a reward for "'good conduct'" or "'efficient performance of duties while confined.'"
Since the Board's decision was discretionary and neither "irrational" nor "improper," the appellate court left the outcome undisturbed.
The AD3 kicked Gutkaiss.
To download a copy of the Appellate Division's decision, please use this link: Matter of Gutkaiss v. New York State Division of Parole