Flatten v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Teresi, J.), entered December 10, 2010 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied petitioner’s motion to hold the Board of Parole in contempt.

Petitioner is serving a sentence of 20 years to life in prison for his 1990 conviction of murder in the second degree. In 2001, certain material was ordered to be stricken from petitioner’s presentence investigation report. In 2008, following his first parole hearing, the Board of Parole denied petitioner parole. Petitioner thereafter commenced the instant CPLR article 78…