In Vigilante v. Dennison, 36 A.D.3d 620 (2d Dept. 2007) the petitioner, an inmate, filed an Article 78 proceeding to challenge a decision of the New York State Division of Parole which affirmed the New York State Board of Parole's determination to deny petitioner's application to be released on parole. Petitioner was incarcerated in a facility in Sullivan County, and was challenging the parole agency's determination which the Parole Board made in Sullivan County and which the Executive Department of the Division of Parole affirmed in Albany County. Id. at 621. The petitioner brought the proceeding in Kings County, where he committed one of the crimes that led to his incarceration, and where he was sentenced based on his conviction for that crime and for convictions for unrelated crimes. Id. After the petitioner in Vigilante refused to consent to a change of venue to either Albany or Sullivan County, the Parole Board cross moved to change the venue of the proceeding. 36 A.D.3d at 621. The Court reversed the trial court's denial of the cross motion for a change of venue, rejecting petitioner's contention that Kings County was a proper venue because petitioner's Kings County crime and sentence were "material events," pursuant to CPLR 506(b), leading to the parole determination. Id. at 622. In reversing the trial court, which accepted the petitioner's argument, the Court held "[t]o the contrary, the relevant material event was the decision-making process leading to the determination under review." Id.