Jenkins v. Dennison

Appeal from a judgment of the Supreme Court (Lamont, J.), entered October 12, 2006 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

In May 2006, petitioner commenced this CPLR article 78 proceeding challenging a September 21, 2005 decision of the Board of Parole denying his request for parole release. Subsequently, a de novo parole hearing was conducted in August 2006, which again resulted in the denial of petitioner’s request for parole release. As a result, Supreme Court granted respondent’s motion to dismiss the…