Banks v. Dennison

Appellate Division of the Supreme Court of New York

Banks v. Dennison

57 A.D.3d 1041, 867 N.Y.2d 708, 56 A.D.2d 824, 866 N.Y.S.2d 818

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

DecidedDecember 4, 2008

StatusPublished

Cited by4 cases

This text of 57 A.D.3d 1041 (Banks v. Dennison) 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

Banks v. Dennison, 57 A.D.3d 1041, 867 N.Y.2d 708, 56 A.D.2d 824, 866 N.Y.S.2d 818 (N.Y. Ct. App. 2008).

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Opinion

Petitioner, who is serving a prison sentence of 15 years to life for his conviction of murder in the second degree, commenced this CPLR article 78 proceeding challenging a September 2005 determination of the Board of Parole denying his request for release to parole supervision. The Attorney General has advised that petitioner reappeared before the Board in December 2007, at which time he was again denied parole release. Accordingly, this appeal must be dismissed as moot (see Matter of Dobranski v Dennison, 53 AD3d 994 [2008]). Contrary to petitioner’s contention, we are unpersuaded that this matter presents an exception to the mootness doctrine (see Matter of Malangone v Dennison, 46 AD3d 1155 [2007]).

Cardona, EJ., Spain, Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Petitioner, who is serving a prison sentence of 15 years to life for his conviction of murder in the second degree, commenced this CPLR article 78 proceeding challenging a September 2005 determination of the Board of Parole denying his request for release to parole supervision. The Attorney General has advised that petitioner reappeared before the Board in December 2007, at which time he was again denied parole release. Accordingly, this appeal must be dismissed as moot (see Matter of Dobranski v Dennison, 53 AD3d 994 [2008]). Contrary to petitioner’s contention, we are unpersuaded that this matter presents an exception to the mootness doctrine (see Matter of Malangone v Dennison, 46 AD3d 1155 [2007]).

Cardona, EJ., Spain, Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

57 A.D.3d 1041, 867 N.Y.2d 708, 56 A.D.2d 824, 866 N.Y.S.2d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-dennison-nyappdiv-2008.

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