(IV) Any deportation order issued by the federal government against the inmate while in custody of the Department of Correctional Services and any recommendation regarding deportation made by the Commissioner of the Department of Correctional Services pursuant to Section One Hundred Forty­Seven of the Correctional Law;
(V) Any statement made to the Board by the crime or the victim's representative, where the crime victim is deceased or is mentally or physically incapacitated. The Board shall provide toll free telephone access for crime victims. In the case of an oral statement made in accordance with subdivision one of Section 440.50 of the Criminal Procedure Law, the parole board member shall present a written report of the statement to the Parole Board. A crime victim's representative shall mean the crime victim's closest surviving relative, the committee or guardian of such person, or the legal representative of any such person. Such statement submitted by the victim or victim's representative may include information concerning threatening or intimidating conduct towards the victim, the victim's representative, or the victim's family, made by the person sentenced and occurring after the sentencing. Such information may include, but need not be limited to, the threatening or intimidating conduct of any other person who or which is directed by the person sentenced."

A cursory review of the August 1, 2006, transcript of Appellant's parole interview will show subsection (II) and (IV) were not discussed during Appellant's interview, therefore, not applicable to this appeal. However, subsection (I), (III) and (V), as indicated by the interview, were not sufficiently discussed by the parole panel. Nonetheless, Appellant more than satisfied all the requirements of the relevant subsections of Exec. Law §259i(2)(c)(a). This includes, where the parole board failed to present the crime victim's representative "written report of the statement to the Parole Board," in violation of the mandatory language of the subsection (V), and in stark disregard of the NYS Appellant Division for the Third Department decision in Bottom v. NYS Board of Parole, (#98942, Decided and Entered Jnne 1, 2006), Memorandum and Order, the court held:

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