Alicea v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Alicea v. New York State Division of Parole

265 A.D.2d 769, 697 N.Y.S.2d 375

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 28, 1999

StatusPublished

Cited by5 cases

This text of 265 A.D.2d 769 (Alicea v. New York State Division of Parole) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alicea v. New York State Division of Parole, 265 A.D.2d 769, 697 N.Y.S.2d 375 (N.Y. Ct. App. 1999).

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Opinion

—Appeal from a judgment of the Supreme Court (Cobb, J.), entered January 11, 1999 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which denied petitioner’s request for parole release.

The Attorney General has advised this Court by letter that petitioner, a prison inmate, has reappeared before the State Board of Parole since the parole release hearing giving rise to this proceeding and his request was again denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see, Matter of Keating v New York State Div. of Parole, 252 AD2d 635).

Cardona, P. J., Mercure, Peters, Spain and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the Supreme Court (Cobb, J.), entered January 11, 1999 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent which denied petitioner’s request for parole release.

The Attorney General has advised this Court by letter that petitioner, a prison inmate, has reappeared before the State Board of Parole since the parole release hearing giving rise to this proceeding and his request was again denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see, Matter of Keating v New York State Div. of Parole, 252 AD2d 635).

Cardona, P. J., Mercure, Peters, Spain and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

265 A.D.2d 769, 697 N.Y.S.2d 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alicea-v-new-york-state-division-of-parole-nyappdiv-1999.

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