Cauldwell v. Russi

Appellate Division of the Supreme Court of New York

Cauldwell v. Russi

216 A.D.2d 626, 627 N.Y.S.2d 578, 1995 N.Y. App. Div. LEXIS 5859

Appellate Division of the Supreme Court of the State of New York·Decided June 1, 1995·Published·Cited by 1 cases

Opinion

Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 22, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant CPLR article 78, to review a determination of the State Board of Parole denying petitioner’s request for parole.

Petitioner has reappeared before the State Board of Parole since the parole release hearing giving rise to this appeal and his request for release on parole has again been denied. Consequently, the instant appeal is now moot and must be dismissed. Nevertheless, were we to consider the merits, we would find that the determination denying petitioner release on parole at the prior hearing is not arbitrary or capricious and is supported by substantial evidence in the record.

[627]*627Mikoll, J. P., Mercure, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 22, 1994 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant CPLR article 78, to review a determination of the State Board of Parole denying petitioner’s request for parole.

Petitioner has reappeared before the State Board of Parole since the parole release hearing giving rise to this appeal and his request for release on parole has again been denied. Consequently, the instant appeal is now moot and must be dismissed. Nevertheless, were we to consider the merits, we would find that the determination denying petitioner release on parole at the prior hearing is not arbitrary or capricious and is supported by substantial evidence in the record.

[627]*627Mikoll, J. P., Mercure, Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

Cauldwell v. Russi, 216 A.D.2d 626, 627 N.Y.S.2d 578, 1995 N.Y. App. Div. LEXIS 5859 (N.Y. Ct. App. 1995).

Pincite

216 A.D.2d 626 (Cauldwell v. Russi) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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