Tanner v. New York State Division of Parole

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Board of Parole which revoked petitioner’s parole.

In 1983, petitioner was convicted of rape in the first degree, sodomy in the first degree (three counts) and menacing (two counts) and sentenced to two consecutive prison terms of 6 to 18 years (People v Tanner, 103 AD2d 952 [1984]). Petitioner was conditionally released to parole supervision in September 2002 and apparently functioned as a “model parolee” until January 2006 when he was…