Appellate Division of the Supreme Court of the State of New York May 24, 2012 (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.