Bressette v. Supreme Court

Appeal from a judgment of the Supreme Court (Connor, J.), entered July 16, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging various parole decisions rendered between 1991 and 2003. He named Supreme Court as the sole respondent. Prior to service of an answer, respondent moved to dismiss the petition on the ground, among others, that petitioner failed to name the Division of Parole as a necessary party to the proceeding. The petition was dismissed on…