People ex rel. Frazier v. Demsky

—Appeal from a judgment of the Supreme Court (Kane, J.), entered May 28, 1996 in Sullivan County, which converted petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, to a proceeding pursuant to CPLR article 78 and dismissed the petition seeking review of a determination of the Board of Parole denying petitioner’s request for release on parole.

Petitioner is a prison inmate serving two concurrent prison terms of 25 years to life following his 1971 conviction on two counts of felony murder. In November 1995, petitioner’s request for parole release…