Rivera v. Cunningham

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered February 18, 2009 in Sullivan County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Following the denial of his second request for parole release, petitioner applied for a writ of habeas corpus. Supreme Court signed an order to show cause that converted his application into the present CPLR article 78 proceeding and directed that respondents and the Attorney General be served via regular mail on or before a set date. When petitioner failed to do so, respondents moved to…