Johnson v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (O’Connor, J.), entered December 21, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner commenced the present CPLR article 78 proceeding challenging a determination of the Board of Parole, rendered in June 2006 and thereafter affirmed on administrative appeal, which denied his request for parole release and ordered him held for an additional 24 months. The Attorney General has advised…