Ayala v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Ayala v. New York State Board of Parole

17 A.D.3d 946, 792 N.Y.S.2d 922, 2005 N.Y. App. Div. LEXIS 4484

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

DecidedApril 28, 2005

StatusPublished

Cited by4 cases

This text of 17 A.D.3d 946 (Ayala 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

Ayala v. New York State Board of Parole, 17 A.D.3d 946, 792 N.Y.S.2d 922, 2005 N.Y. App. Div. LEXIS 4484 (N.Y. Ct. App. 2005).

Pincite

Opinion

Appeal from a judgment of the Supreme Court (Stein, J.), entered July 9, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before respondent and again was denied parole release. Given petitioner’s subsequent reappearance before respondent on October 13, 2004, the instant matter is now moot and must be dismissed (see Matter of Lorenzo v Travis, 11 AD3d 833 [2004]).

[947]*947Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Stein, J.), entered July 9, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before respondent and again was denied parole release. Given petitioner’s subsequent reappearance before respondent on October 13, 2004, the instant matter is now moot and must be dismissed (see Matter of Lorenzo v Travis, 11 AD3d 833 [2004]).

[947]*947Mercure, J.P., Spain, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

17 A.D.3d 946, 792 N.Y.S.2d 922, 2005 N.Y. App. Div. LEXIS 4484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ayala-v-new-york-state-board-of-parole-nyappdiv-2005.

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