Daniels v. Goord

Appellate Division of the Supreme Court of New York

Daniels v. Goord

27 A.D.3d 790, 809 N.Y.S.2d 475

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

DecidedMarch 2, 2006

StatusPublished

Cited by2 cases

This text of 27 A.D.3d 790 (Daniels v. Goord) 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

Daniels v. Goord, 27 A.D.3d 790, 809 N.Y.S.2d 475 (N.Y. Ct. App. 2006).

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Opinion

Appeal from a judgment of the Supreme Court (Clemente, J.), entered September 8, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying petitioner’s request to participate in a temporary work release program.

Petitioner commenced this CPLR article 78 proceeding challenging a December 2003 determination denying his request to participate in a temporary release program. Inasmuch as petitioner reapplied for the temporary release program and, in October 2005, again was denied participation, this appeal must be dismissed as moot (see Matter of Fagairo v Joy, 18 AD3d 926, 927 [2005], lv denied 5 NY3d 709 [2005]; Matter of Wallman v Joy, 301 AD2d 931 [2003]).

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

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Appeal from a judgment of the Supreme Court (Clemente, J.), entered September 8, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying petitioner’s request to participate in a temporary work release program.

Petitioner commenced this CPLR article 78 proceeding challenging a December 2003 determination denying his request to participate in a temporary release program. Inasmuch as petitioner reapplied for the temporary release program and, in October 2005, again was denied participation, this appeal must be dismissed as moot (see Matter of Fagairo v Joy, 18 AD3d 926, 927 [2005], lv denied 5 NY3d 709 [2005]; Matter of Wallman v Joy, 301 AD2d 931 [2003]).

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

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Bluebook (online)

27 A.D.3d 790, 809 N.Y.S.2d 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-goord-nyappdiv-2006.

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