Eves v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Stein, J.), entered April 12, 2006 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

In August 2005, following the administrative reversal of a decision by the Board of Parole denying petitioner’s request for merit time release, petitioner reappeared before the Board for a de novo hearing as well as his regular parole hearing. At the conclusion of the combined hearing, the Board denied his request for parole release and imposed special conditions governing his conditional…