Rivera v. Travis

Appeal from a judgment of the Supreme Court (McNamara, J.), entered December 28, 2004 in Albany County, which, in a combined proceeding pursuant to CPLR article 78 and action for declaratory judgment, granted respondent’s motion to dismiss the petition/complaint.

Petitioner is presently serving a prison sentence of 15 years to life for murder in the second degree. In November 2003, two months after the Board of Parole denied his third request for release, petitioner sought a ruling from the Board that 9 NYCRR 8001.1, 8001.2 and 8001.3 were repealed by implication as a result of an amendment to…