IN RE: MICHAEL L. MCROBBIE (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his CPLR article 78 petition seeking to annul the determination of the Board of Parole (Board) revoking his release to parole supervision. We affirm.

Petitioner contends that Supreme Court improperly considered the Board's determination and the Board of Parole Appeals Unit's findings and decision, and that he was denied a statutory right under Executive Law § 259-i (4-a) (a) to appeal to County Court in lieu of an administrative appeal. Petitioner failed to preserve those contentions for our review inasmuch as he did not raise them in his administrative appeal or in the petition (see Matter of Shrubsall v Annucci, 230 AD3d 1556, 1556 [4th Dept 2024]; Krupa v Stanford, 145 AD3d 1656, 1656 [4th Dept 2016]). We have no discretionary authority to review petitioner's unpreserved contentions in this CPLR article 78 proceeding (see Matter of Khan v New York State Dept. of Health, 96 NY2d 879, 880 [2001]).

Entered: June 5, 2026

Ann Dillon Flynn

Clerk of the Court