People ex rel. Pagan v. New York State Board of Parole

Appeal from a judgment of the Supreme Court (Bradley, J.), entered April 22, 1997 in Ulster County, which converted petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, into a proceeding pursuant to CPLR article 78 and dismissed the petition.

Petitioner, an inmate at Wallkill Correctional Facility in Ulster County, is serving a prison sentence of 20 years to life upon a 1976 conviction of the crime of murder in the second degree. In October 1995, respondent State Board of Parole denied petitioner’s application for parole release. Thereafter,…