Cook v. Goord

—Appeal from a judgment of the Supreme Court (Lament, J.), entered November 3, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition for failure to state a cause of action.

Petitioner was convicted of murder in the second degree in 1965 and was sentenced to a prison term of 20 years to life. In *8201983, while on parole supervision, petitioner was convicted of attempted assault in the second degree and was sentenced as a second felony offender to 2 to 4 years’ imprisonment. Petitioner’s parole was thereafter revoked. Petitioner commenced this CPLR…