Bell v. Recore

Appellate Division of the Supreme Court of New York

Bell v. Recore

276 A.D.2d 983, 715 N.Y.S.2d 918, 2000 N.Y. App. Div. LEXIS 10827

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

DecidedOctober 26, 2000

StatusPublished

Cited by4 cases

This text of 276 A.D.2d 983 (Bell v. Recore) 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

Bell v. Recore, 276 A.D.2d 983, 715 N.Y.S.2d 918, 2000 N.Y. App. Div. LEXIS 10827 (N.Y. Ct. App. 2000).

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Opinion

Appeal from a judgment of the Supreme Court (McGill, J.), entered March 16, 2000 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying his request for temporary release.

Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for temporary release because it was based, in part, upon improper consideration of a disciplinary determination which had been administratively reversed and expunged from petitioner’s institutional record. Inasmuch as Supreme Court remanded the matter for a de novo hearing before the Temporary Release Committee, petitioner received all the relief to which he is entitled and, therefore, is no longer aggrieved. Moreover, the Attorney General has advised this Court that petitioner has reappeared before the Temporary Release Committee on April 6, 2000, rendering this appeal moot (see, Matter of Dixon v Struna, 244 AD2d 827, lv denied 91 NY2d 810).

Crew III, J. P., Carpinello, Graffeo, Rose and Lahtinen, JJ., [984]*984concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (McGill, J.), entered March 16, 2000 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent denying his request for temporary release.

Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for temporary release because it was based, in part, upon improper consideration of a disciplinary determination which had been administratively reversed and expunged from petitioner’s institutional record. Inasmuch as Supreme Court remanded the matter for a de novo hearing before the Temporary Release Committee, petitioner received all the relief to which he is entitled and, therefore, is no longer aggrieved. Moreover, the Attorney General has advised this Court that petitioner has reappeared before the Temporary Release Committee on April 6, 2000, rendering this appeal moot (see, Matter of Dixon v Struna, 244 AD2d 827, lv denied 91 NY2d 810).

Crew III, J. P., Carpinello, Graffeo, Rose and Lahtinen, JJ., [984]*984concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

276 A.D.2d 983, 715 N.Y.S.2d 918, 2000 N.Y. App. Div. LEXIS 10827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bell-v-recore-nyappdiv-2000.

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