Culpepper v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Culpepper v. New York State Board of Parole

17 A.D.3d 756, 791 N.Y.S.2d 862, 2005 N.Y. App. Div. LEXIS 3618

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

DecidedApril 7, 2005

StatusPublished

This text of 17 A.D.3d 756 (Culpepper v. New York State Board 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

Culpepper v. New York State Board of Parole, 17 A.D.3d 756, 791 N.Y.S.2d 862, 2005 N.Y. App. Div. LEXIS 3618 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the Supreme Court (Connor, J.), entered June 3, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

In October 2001, petitioner appeared before respondent for consideration of parole release. Respondent denied petitioner’s application for parole release by decision dated November 5, 2001, prompting this CPLR article 78 proceeding. Respondent moved to dismiss the petition as moot given petitioner’s reappearance before it on November 6, 2003. Supreme Court denied the motion, but dismissed the petition on the merits. This appeal ensued.

Although petitioner commenced the proceeding in an improper venue and there was a delay in transferring the file following change of venue to Albany County, petitioner’s subsequent reappearance before respondent on November 6, 2003, which again resulted in the denial of his request for release on parole, rendered the instant matter moot and it must be dismissed (see Matter of Baez v Travis, 10 AD3d 778 [2004], lv denied 4 NY3d 702 [2004]).

Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Connor, J.), entered June 3, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

In October 2001, petitioner appeared before respondent for consideration of parole release. Respondent denied petitioner’s application for parole release by decision dated November 5, 2001, prompting this CPLR article 78 proceeding. Respondent moved to dismiss the petition as moot given petitioner’s reappearance before it on November 6, 2003. Supreme Court denied the motion, but dismissed the petition on the merits. This appeal ensued.

Although petitioner commenced the proceeding in an improper venue and there was a delay in transferring the file following change of venue to Albany County, petitioner’s subsequent reappearance before respondent on November 6, 2003, which again resulted in the denial of his request for release on parole, rendered the instant matter moot and it must be dismissed (see Matter of Baez v Travis, 10 AD3d 778 [2004], lv denied 4 NY3d 702 [2004]).

Cardona, P.J., Crew III, Spain, Mugglin and Lahtinen, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

17 A.D.3d 756, 791 N.Y.S.2d 862, 2005 N.Y. App. Div. LEXIS 3618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culpepper-v-new-york-state-board-of-parole-nyappdiv-2005.

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