Matter of Justice v. Fischer

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered April 4, 2014 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s motion to hold respondent in civil contempt.

Petitioner, who is currently incarcerated, applied for conditional release and, when he did not receive a response, he commenced a CPLR article 78 proceeding seeking to compel respondent to rule upon his application. Supreme Court granted the petition and issued an order that, among other things, directed respondent to decide petitioner’s application. In connection therewith, the…