Charlemagne v. Evans

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered April 20, 2012 in Sullivan 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 commenced this CPLR article 78 proceeding challenging a December 2010 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition and petitioner appeals.

The Attorney General has advised this Court that petitioner reappeared before the Board in…