South v. New York State Div. of Parole

In South v. New York State Div. of Parole, (Sup Ct, New York County, April 8, 2008, Goodman, J., Index No. 113811/07) the court indicated that, "the sixth hearing, the subject of this proceeding, took place in New York County, as designated by the Parole Board, and was summarily conducted by members of the board in person, while the inmate was electronically conferenced into the premises of the New York State Division of Parole on the westside of Manhattan ... ." In South, venue was not an issue, as none of the parties objected to the venue being in New York County. However, the court upheld venue in New York County because the commissioners and the court reporter were present in New York County during the hearing "athough Petitioner inmate was in an upstate facility ... hearing was held in New York County, facilitated by modern technology". Hence, this was where the determination complained of took place. The court in South, supra, duly noted petitioner's concerns that respondents were "forum shopping" by attempting to move him to a different prison and having the parole board meet there, In response, the court instructed the parole board, in good faith, to meet again, via teleconference in New York County.