Burr v. Rock

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered June 6, 2012 in Franklin County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner is currently serving 25 years to life in prison on a 1983 murder conviction. In November 2011, the Board of Parole denied his request for release to parole supervision. In February 2012, he brought an application for habeas corpus relief challenging the Board’s decision. Supreme Court converted the application into a CPLR article 78 proceeding. Respondents moved to dismiss the…