Matter of Klim v New York State Exec. Dept. Div. of Parole
2009 NY Slip Op 09816 [68 AD3d 1726]
December 30, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 10, 2010


In the Matter of Richard Klim, Petitioner, v New York State Executive Department Division of Parole, Attention: Executive Director, Respondent.

—[*1] Paul J. Vacca, Jr., Rochester, for petitioner.

Andrew M. Cuomo, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Monroe County [William P. Polito, J.], entered June 1, 2009) to review a determination of respondent. The determination revoked petitioner's release to parole supervision.

It is hereby ordered that the determination is unanimously confirmed without costs and the petition is dismissed. Present—Hurlbutt, J.P., Peradotto, Carni, Pine and Gorski, JJ.