Falu v. Hammock

Appellate Division of the Supreme Court of New York

Falu v. Hammock

66 A.D.2d 848, 411 N.Y.S.2d 871, 1978 N.Y. App. Div. LEXIS 14183

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

DecidedDecember 26, 1978

StatusPublished

This text of 66 A.D.2d 848 (Falu v. Hammock) 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

Falu v. Hammock, 66 A.D.2d 848, 411 N.Y.S.2d 871, 1978 N.Y. App. Div. LEXIS 14183 (N.Y. Ct. App. 1978).

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Opinion

In a proceeding pursuant to CPLR article 78, inter alia, to compel respondent to place petitioner on parole or, alternatively, to provide him with a new parole hearing, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated November 18, 1977, which denied his application. Appeal dismissed as academic, without costs or disbursements. The petitioner seeks to annul the determination of the Board of Parole dated September 19, 1977, which denied him release on parole. However, the petitioner has since been released on parole and, therefore, any decision by this court would necessarily be academic (see Matter of La Croix v Olgiati, 60 AD2d 652). Titone, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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In a proceeding pursuant to CPLR article 78, inter alia, to compel respondent to place petitioner on parole or, alternatively, to provide him with a new parole hearing, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated November 18, 1977, which denied his application. Appeal dismissed as academic, without costs or disbursements. The petitioner seeks to annul the determination of the Board of Parole dated September 19, 1977, which denied him release on parole. However, the petitioner has since been released on parole and, therefore, any decision by this court would necessarily be academic (see Matter of La Croix v Olgiati, 60 AD2d 652). Titone, J. P., Rabin, Gulotta and Cohalan, JJ., concur.

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Bluebook (online)

66 A.D.2d 848, 411 N.Y.S.2d 871, 1978 N.Y. App. Div. LEXIS 14183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falu-v-hammock-nyappdiv-1978.

Opinion

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