Simmons v. Travis

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered December 17, 2003 in a proceeding pursuant to CPLR article 78. The judgment granted the petition, vacated the determination denying petitioner release on parole, and ordered a new hearing.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law without costs and the petition is dismissed.

Memorandum: Petitioner, an inmate at the Orleans Correctional Facility, commenced this proceeding pursuant to CPLR article 78 seeking to vacate…