Hyman v. New York State Division of Parole

Judgment, Supreme Court, New York County (Robert Lippmann, J.), entered November 26, 2004, which dismissed the petition brought pursuant to CPLR article 78 to annul a determination of respondent New York State Division of Parole denying petitioner’s application for conditional release, unanimously affirmed, without costs.

The Department of Correctional Services is not a proper party to this proceeding since it does not set the conditions for an inmate’s release (see Executive Law § 259-c [2]).

*225Petitioner has no federal or state constitutional right to be released from prison before serving his…