Gerena v. New York State Division of Parole

—Cardona, P. J.

Appeal from a judgment of the Supreme Court (Torraca, J.), entered November 12, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

As the result of a November 1997 determination denying his application for parole, petitioner, an inmate at a State correctional facility, commenced this CPLR article 78 proceeding. Prior to service of an answer, respondent moved to dismiss the petition for failure to conform to the requirements of CPLR 3014. Supreme Court granted the motion resulting in this appeal.

CPLR…