Remedy to be provided in the event the rejection of an administrative appeal was marred by a procedural error

Remedy to be provided in the event the rejection of an administrative appeal was marred by a procedural errorClark v NYS Board of Parole, 2018 NY Slip Op 08071, Appellate Division, First DepartmentSupreme Court granted the petition to annul the determination of the Commissioners of the New York State Department of Parole [Board] affirming the determination of a panel of the Board denying Petitioner's application for parole. Supreme Court then remanded the matter for a new review before a new panel of the Board. The Board appealed the court's decision.The Appellate Division unanimously modified the Supreme Court's ruling on the law, reinstating the panel's denial of parole but remanded the matter to the Commissioners of the Board for a new administrative appeal of that action to be considered by a new panel.The Appellate Division explained that Supreme Court had correctly determined that the rejection of the administrative appeal was marred by procedural…

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