After 18 years in prison, Mei Zheng, a Chinese National from Fuzhou, asked to be released on parole. When his request was denied, Zheng challenged that determination by way of a special proceeding--brought pursuant CPLR Article 78--which the Sullivan County Supreme Court referred to the Appellate Division, Third Department.
Although the case didn't present a "substantial evidence" question, and had been improperly transferred, the AD3 decided to keep the case "in the interest of judicial economy."
Interestingly, it found that due to his "limited knowledge" of English, Zheng had been denied a "fair hearing" because he couldn't "adequately" understand and respond to the questions asked by the Parole Board. (While an interpreter had been provided, that individual wasn't fluent in Zheng's Fujianese dialect.)
Talk about not being on the same page.
To view a copy of the Appellate Division's decision, please use this link: Matter of Zheng v. Evans