A parole board was right to deny ousted Tyco chief Dennis Kozlowski — who fleeced company coffers to lavish gifts on himself including a gold shower curtain — an early release, a mid-level appeals court ruled today.
The appellate division found that the April 2012 parole denial was “rational” citing the board’s decision that cutting short Kozlowski’s 8 to 25 year sentence would “tend to deprecate the seriousness of the instant offense and undermine respect for the law.”
The disgraced tycoon was convicted in 2005 of grand larceny, conspiracy, securities fraud and falsifying business records, but has only been a part-time jailbird since January 2012 when he was awarded with a work release program for good behavior. He only sleeps behind bars two nights a week.
The ousted CEO sued last October to overturn the parole denial and Manhattan Supreme Court Judge Carol Huff found in his favor, saying the board issued an “unauthorized re-sentencing” of Kozlowski by keeping him in the clink.
Kozlowski’s attorney, Alan Lewis, said “we respectfully, but strongly, disagree with the appellate divison’s decision.” Lewis added that he planned to appeal the ruling to the state’s highest court.
A spokeswoman for the attorney general, who contested Judge Huff’s ruling on behalf of the parole board and won today, did not immediately comment.
Kozlowski infamously looted corporation funds for the $6,000 bathroom accessory and a $15,000 umbrella stand.
He has a regularly scheduled, secord parole hearing in September.