Boyd v. Pataki

Appeal from a judgment of the Supreme Court (Zwack, J.), entered June 19, 2007 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Governor denying his request for executive clemency.

Petitioner, currently serving an aggregate term of 25 to 50 years for robbery in the first degree, applied for executive clemency in November 2005 seeking commutation of his sentence. In conjunction therewith, petitioner mistakenly was provided with a copy of the clemency summary report prepared by the superintendent of…