Cotto v. LeFevre

—Mercure, J.

Appeal from a judgment of the Supreme Court (Intemann, Jr., J.), entered August 10, 1988 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner, an inmate at Clinton Correctional Facility in Clinton County, commenced this proceeding* seeking immediate release to parole status upon the claim that a final decision to revoke his parole was not made available to him as required by Executive Law § 259-i (3) (f) (xi) and 9 NYCRR 8005.20 (f). Respondent moved to dismiss the proceeding. Supreme Court granted…