Lead Practice Area: Litigation
Summary: Our client, an 89-year-old former cardiothoracic surgeon, was convicted of a crime that he committed in the mid-1970's and was sentenced to twenty five years to life. He was denied parole several times despite his age, a stellar post-conviction institutional record (which included saving the life of a correctional officer who was in cardiac arrest), significant health issues, and completion of twenty five years of his original sentence. The client's previous attorney brought an Article 78 petition, which sought to overturn the Parole Board's denial of parole. After receiving an unfavorable decision, we were engaged to argue an appeal in the Appellate Division Third Department.
The Appellate Division granted the appeal, finding the decision of the Parole Board "irrational bordering on impropriety," given the client's record and medical condition. The Appellate Division ordered a new parole hearing, at which the Parole Board again denied parole. After subsequent parole denials and additional Article 78 petitions, a final appeal was taken of the fourth parole denial. After we argued the second appeal in the Appellate Division Third Department, the Parole Board finally granted the client parole.