| Matter of Evans v Dennison |
| 2009 NY Slip Op 00175 [58 AD3d 998] |
| January 15, 2009 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Bryant Evans, Appellant, v Robert Dennison, as Chair of the New York State Division of Parole, Respondent. |
—[*1]
Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for
respondent.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered June 6, 2008 in Franklin County, as amended by a judgment entered June 16, 2008 in Franklin County, which partially granted petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying his request for parole release.
In 1983, petitioner was convicted of manslaughter in the first degree, criminal possession of
a weapon in the second degree and criminal possession of a weapon in the third degree. He was
sentenced, respectively, to prison terms of 8
We affirm. Inasmuch as Supreme Court annulled the Board's determination denying petitioner [*2]parole release and granted him a de novo hearing, petitioner has received all of the relief to which he is entitled (see Matter of Oberoi v Dennison, 55 AD3d 1033 [2008]). To the extent that petitioner requests future review of the Board's determination following the de novo hearing, that is not a proper subject of this proceeding.
Cardona, P.J., Mercure, Peters, Spain and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, without costs.