Caban v. Bartlett

Appellate Division of the Supreme Court of New York

Caban v. Bartlett

161 A.D.2d 1160, 558 N.Y.S.2d 865, 1990 N.Y. App. Div. LEXIS 9156

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

DecidedMay 11, 1990

StatusPublished

This text of 161 A.D.2d 1160 (Caban v. Bartlett) 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

Caban v. Bartlett, 161 A.D.2d 1160, 558 N.Y.S.2d 865, 1990 N.Y. App. Div. LEXIS 9156 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment unanimously affirmed. Memorandum: We agree that the petition in this CPLR article 78 proceeding must be dismissed, but for a reason different from that stated by Supreme Court. Petitioner sought a discharge from custody because he had not been served with a copy of the Parole Board’s written decision revoking parole. Prior to joinder of issue, however, petitioner received the written decision. Under the circumstances, he received the relief to which he was entitled, and the proceeding should have been dismissed as moot. (Appeal from judgment of Supreme Court, Livingston County, Houston, J.—art 78.) Present—Dillon, P. J., Callahan, Denman, Balio and Lowery, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously affirmed. Memorandum: We agree that the petition in this CPLR article 78 proceeding must be dismissed, but for a reason different from that stated by Supreme Court. Petitioner sought a discharge from custody because he had not been served with a copy of the Parole Board’s written decision revoking parole. Prior to joinder of issue, however, petitioner received the written decision. Under the circumstances, he received the relief to which he was entitled, and the proceeding should have been dismissed as moot. (Appeal from judgment of Supreme Court, Livingston County, Houston, J.—art 78.) Present—Dillon, P. J., Callahan, Denman, Balio and Lowery, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

161 A.D.2d 1160, 558 N.Y.S.2d 865, 1990 N.Y. App. Div. LEXIS 9156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caban-v-bartlett-nyappdiv-1990.