Johnson v. New York State Board of Parole

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Christopher J. Burns, J), entered January 18, 2005 in a proceeding pursuant to CPLR article 78. The judgment granted the petition, annulled the determination denying release on parole to petitioner, and ordered a de novo parole hearing before different members of respondent.

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

Memorandum: Supreme Court erred in granting the petition, annulling the determination…