Kalwasinski v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (O’Brien, III, J.), entered September 20, 2005 in Chemung County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging a February 2003 determination of the Board of Parole that denied his request for parole release and ordered him held for an additional 24 months. In March 2005, petitioner reappeared before the Board and his request for parole again was denied. Based upon petitioner’s reappearance, respondent moved to dismiss the…