Toro v. Evans

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered August 4, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner, an inmate, commenced this CPLR article 78 proceeding challenging a December 2010 determination of the Board of Parole, which denied his request for parole release. Citing the fact that petitioner’s administrative appeal of that denial was still pending at the time this proceeding was commenced, respondent moved to dismiss based upon petitioner’s failure to exhaust his…