Vineski v. Travis

—Appeal from a judgment of the Supreme Court (Labuda, J.), entered February 24, 1997 in Sullivan County, which converted petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, to a proceeding pursuant to CPLR article 78 and dismissed the petition seeking review of a determination of respondent denying petitioner’s request for release on parole.

In July 1995, the State Board of Parole denied petitioner’s application for parole release, concluding that release was incompatible with the interest of society based upon the severity of petitioner’s crime,…