Brown v. Division of Parole

Appellate Division of the Supreme Court of New York

Brown v. Division of Parole

255 A.D.2d 861, 682 N.Y.S.2d 637, 1998 N.Y. App. Div. LEXIS 12769

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

DecidedNovember 25, 1998

StatusPublished

This text of 255 A.D.2d 861 (Brown v. Division 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

Brown v. Division of Parole, 255 A.D.2d 861, 682 N.Y.S.2d 637, 1998 N.Y. App. Div. LEXIS 12769 (N.Y. Ct. App. 1998).

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Opinion

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Greene County) to review a determination of respondents which denied petitioner’s request for parole release.

The Attorney-General has advised this Court that petitioner, a prison inmate, has reappeared before the State Board of Parole since the parole release hearing giving rise to this proceeding and his request for parole was again denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see, Matter of Keating v New York State Div. of Parole, 252 AD2d 635; Matter of Herrera v New York State Bd. of Parole, 246 AD2d 703).

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Greene County) to review a determination of respondents which denied petitioner’s request for parole release.

The Attorney-General has advised this Court that petitioner, a prison inmate, has reappeared before the State Board of Parole since the parole release hearing giving rise to this proceeding and his request for parole was again denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see, Matter of Keating v New York State Div. of Parole, 252 AD2d 635; Matter of Herrera v New York State Bd. of Parole, 246 AD2d 703).

Mikoll, J. P., Mercure, Yesawich Jr., Peters and Carpinello, JJ., concur. Adjudged that the petition is dismissed, as moot, without costs.

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Bluebook (online)

255 A.D.2d 861, 682 N.Y.S.2d 637, 1998 N.Y. App. Div. LEXIS 12769, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-division-of-parole-nyappdiv-1998.

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