Alston v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Alston v. New York State Board of Parole

16 A.D.3d 752, 790 N.Y.S.2d 319, 2005 N.Y. App. Div. LEXIS 2135

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

DecidedMarch 3, 2005

StatusPublished

This text of 16 A.D.3d 752 (Alston v. New York State Board 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

Alston v. New York State Board of Parole, 16 A.D.3d 752, 790 N.Y.S.2d 319, 2005 N.Y. App. Div. LEXIS 2135 (N.Y. Ct. App. 2005).

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Opinion

— Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered July 19, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Since the September 3, 2003 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release has again been denied. Given petitioner’s subsequent reappearance before the Board in January 2005, the instant matter must be dismissed as moot (see Matter of Baez v Travis, 10 AD3d 778 [2004], lv denied 4 NY3d 702 [2004]).

Cardona, P.J., Crew III, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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— Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered July 19, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Since the September 3, 2003 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release has again been denied. Given petitioner’s subsequent reappearance before the Board in January 2005, the instant matter must be dismissed as moot (see Matter of Baez v Travis, 10 AD3d 778 [2004], lv denied 4 NY3d 702 [2004]).

Cardona, P.J., Crew III, Carpinello, Mugglin and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

16 A.D.3d 752, 790 N.Y.S.2d 319, 2005 N.Y. App. Div. LEXIS 2135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alston-v-new-york-state-board-of-parole-nyappdiv-2005.

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