Pucci v. New York State Board of Parole

*1171Appeal from a judgment of the Supreme Court (Spargo, J.), entered February 15, 2005 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his request for parole release.

Petitioner is serving a prison sentence of 25 years to life for his 1979 conviction of murder in the second degree. Petitioner appeared before respondent for the first time in February 2004 and was denied parole release. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding…