Ashe v. Joy

Appellate Division of the Supreme Court of New York

Ashe v. Joy

73 A.D.3d 1255, 899 N.Y.S.2d 678

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

DecidedMay 6, 2010

StatusPublished

Cited by2 cases

This text of 73 A.D.3d 1255 (Ashe v. Joy) 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

Ashe v. Joy, 73 A.D.3d 1255, 899 N.Y.S.2d 678 (N.Y. Ct. App. 2010).

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Opinion

Apeal from a judgment of the Supreme Court (Lynch, J), entered September 22, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his application to participate in a temporary work release program.

In December 2008, while he was incarcerated at Mohawk Correctional Facility in Oneida County, petitioner applied to participate in a temporary work release program. His application was denied based upon the serious nature of the crime he committed. The determination was subsequently upheld on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging the determination. Following service of respondent’s answer, Supreme Court dismissed the petition. This appeal ensued.

The Attorney General has advised this Court that, since the commencement of the instant proceeding, petitioner has reapplied for temporary work release and his application was once again denied. In light of this, the appeal must be dismissed as moot (see Matter of Kelly v Joy, 64 AD3d 1009 [2009], lv denied 13 NY3d 710 [2009]; Matter of Daniels v Goord, 27 AD3d 790 [2006]). Contrary to petitioner’s claim, the exception to the mootness doctrine is not applicable to the circumstances presented here.

Peters, J.P., Malone Jr., Kavanagh, Garry and Egan Jr., JJ.,

[1256]*1256concur. Ordered that the appeal is dismissed, as moot, without costs.

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Apeal from a judgment of the Supreme Court (Lynch, J), entered September 22, 2009 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying his application to participate in a temporary work release program.

In December 2008, while he was incarcerated at Mohawk Correctional Facility in Oneida County, petitioner applied to participate in a temporary work release program. His application was denied based upon the serious nature of the crime he committed. The determination was subsequently upheld on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding challenging the determination. Following service of respondent’s answer, Supreme Court dismissed the petition. This appeal ensued.

The Attorney General has advised this Court that, since the commencement of the instant proceeding, petitioner has reapplied for temporary work release and his application was once again denied. In light of this, the appeal must be dismissed as moot (see Matter of Kelly v Joy, 64 AD3d 1009 [2009], lv denied 13 NY3d 710 [2009]; Matter of Daniels v Goord, 27 AD3d 790 [2006]). Contrary to petitioner’s claim, the exception to the mootness doctrine is not applicable to the circumstances presented here.

Peters, J.P., Malone Jr., Kavanagh, Garry and Egan Jr., JJ.,

[1256]*1256concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

73 A.D.3d 1255, 899 N.Y.S.2d 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ashe-v-joy-nyappdiv-2010.

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