Bressette v. The Court

Appeal from a judgment of the Supreme Court (Harris, J.), entered February 17, 1994 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.

Petitioner was convicted in 1968 of the crime of murder in the first degree and was sentenced to a term of imprisonment of 15 years to life. Petitioner commenced the instant proceeding contending, inter alia, that the Department of Correctional Services failed to credit him with good time and the Division of Parole failed to allow his release on…