Appellate Division of the Supreme Court of the State of New York April 21, 2011 (Martinez v. New York State Board of Parole)

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered July 15, 2010 in Ulster County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

Petitioner fatally shot his wife’s paramour and, as a result, was convicted in 1998 of manslaughter in the first degree.