Rivers v. New York State Board of Parole

Appeal from a judgment of the Supreme Court (Sackett, J.), entered March 29, 2006 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner’s request for parole release was denied in October 2004 and he was ordered held for an additional 24 months. The determination was affirmed on administrative appeal and petitioner received notice of such determination on July 11, 2005. Thereafter, he unsuccessfully attempted to commence a CPLR article 78 proceeding challenging the determination in Supreme Court, Bronx County. After…