Seegars v. Fischer

Appeal from a judgment of the Supreme Court (Devine, J.), entered August 23, 2010 in Albany 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 decision of the Board of Parole denying his request for parole release. Supreme Court dismissed the proceeding following joinder of issue, and petitioner appeals. Inasmuch as petitioner reappeared before the Board in May 2011 and again has been…