Anderson v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Anderson v. New York State Board of Parole

113 A.D.3d 1010, 978 N.Y.2d 923

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

DecidedJanuary 30, 2014

StatusPublished

This text of 113 A.D.3d 1010 (Anderson 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

Anderson v. New York State Board of Parole, 113 A.D.3d 1010, 978 N.Y.2d 923 (N.Y. Ct. App. 2014).

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Opinion

Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent which denied his request for parole release and ordered his next appearance in 24 months. The Attorney General has advised this Court that petitioner subsequently reappeared before respondent and his request for parole release was again denied. Accordingly, the appeal is now moot and, inasmuch as the exception to the mootness doctrine is inapplicable, must be dismissed (see Matter of Griffin v Evans, 105 AD3d 1221, 1222 [2013]; Matter of Hodge v Evans, 102 AD3d 1049, 1049 [2013], lv denied 21 NY3d 852 [2013]).

Peters, P.J., Lahtinen, Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent which denied his request for parole release and ordered his next appearance in 24 months. The Attorney General has advised this Court that petitioner subsequently reappeared before respondent and his request for parole release was again denied. Accordingly, the appeal is now moot and, inasmuch as the exception to the mootness doctrine is inapplicable, must be dismissed (see Matter of Griffin v Evans, 105 AD3d 1221, 1222 [2013]; Matter of Hodge v Evans, 102 AD3d 1049, 1049 [2013], lv denied 21 NY3d 852 [2013]).

Peters, P.J., Lahtinen, Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

113 A.D.3d 1010, 978 N.Y.2d 923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-new-york-state-board-of-parole-nyappdiv-2014.

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