Molina v. Dennison

Appeal from a judgment of the Supreme Court (Egan, Jr., J), entered August 3, 2006 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 this CPLR article 78 proceeding challenging an August 2004 determination of the Board of Parole denying his request for parole release. Supreme Court subsequently dismissed the proceeding and petitioner appealed. On August 22, 2006, after he filed his appeal, petitioner reappeared *1107before the…