Rodriguez v. New York State Diviaion of Parole

—Peters, J.

Appeal from an order of the Supreme Court (Sheridan, J.), entered November 16, 1999 in Albany County, which denied petitioner’s motion to, inter alia, hold respondent in contempt for failing to comply with a prior judgment.

Following the denial of Ms request for parole release in February 1999, petitioner commenced a CPLR article 78 proceeding that resulted in a judgment which, based upon the absence of records from the file considered by the Board of Parole, annulled the parole release denial. Specifically, petitioner’s file was found to be lacking his institutional records for the…