Stern v. Fischer

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered January 3, 2011 in Sullivan County, which, among other things, in a proceeding pursuant to CPLR article 78, ordered the Board of Parole to conduct a de novo parole hearing.

Petitioner was incarcerated in 2009 following convictions for grand larceny in the first degree and bail jumping in the first degree. In August and December 2009, respondent Commissioner of Corrections and Community Supervision advised petitioner that his requests for merit time allowances were denied, and in February 2010 he was notified of the denial of his…