Matter of Franko v. Department of Corrections and Community Supervision, Board of Parole

Appeal from a judgment of the Supreme Court (Ellis, J.), entered March 24, 2014 in Clinton County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

Petitioner commenced this CPLR article 78 proceeding challenging a December 2012 determination of respondent that denied his request for parole and ordered his next appearance in 24 months. He now appeals from Supreme Court’s dismissal of the petition. The Attorney General has advised this Court that petitioner reappeared…