Vergari v. Ward

This is a proceeding pursuant to CPLR article 78 to compel the respondents Commissioner of the Department of Correctional Services and the State Board of Parole to recompute the parole eligibility dates of four prisoners. The respondents have moved to dismiss the petition upon several grounds, including: (1) petitioner lacks standing to initiate this proceeding; (2) petitioner has failed to join indispensable parties; and (3) petitioner has failed to state facts sufficient to entitle him to the relief sought.

The first issue is whether the petitioner, as District Attorney, has standing to…