Alvarez v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Garry, J.), entered September 12, 2008 in Chemung County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner, who is serving a prison sentence of 15 years to life upon his conviction of murder in the second degree, commenced this CPLR article 78 proceeding challenging an April 2007 determination of the Board of Parole denying his request for parole release. Following joinder of issue, Supreme Court…