Johnson v. New York State Board of Parole

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered March 5, 2004 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner is currently serving a sentence of eight years to life stemming from his conviction of assault in the second degree. Following his fifth appearance before the Board of Parole in February 2003, his request for parole release was denied. After exhausting his administrative remedies, petitioner commenced this CPLR article 78 proceeding. Supreme Court granted respondent’s motion to…