Waki Milling v. Berbary

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), entered September 2, 2005 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

*1203Memorandum: Petitioner commenced this CPLR article 78 proceeding to challenge the determination of the Board of Parole (Board) denying him release on parole. Supreme Court properly dismissed the petition. Because the Board properly considered the relevant statutory…