Jones v. New York State Department of Corrections & Community Supervision

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered July 28, 2016 in a proceeding pursuant to CPLR article 78. The judgment granted the petition and granted petitioner a de novo parole hearing.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner commenced this CPLR article 78 proceeding seeking to vacate the determination of the New York State Division of Parole (Board) denying his release to parole supervision. Respondents appeal…