Foster v. Travis

Appellate Division of the Supreme Court of New York

Foster v. Travis

306 A.D.2d 583, 759 N.Y.S.2d 701, 2003 N.Y. App. Div. LEXIS 6294

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

DecidedJune 5, 2003

StatusPublished

This text of 306 A.D.2d 583 (Foster v. Travis) 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

Foster v. Travis, 306 A.D.2d 583, 759 N.Y.S.2d 701, 2003 N.Y. App. Div. LEXIS 6294 (N.Y. Ct. App. 2003).

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Opinion

—Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered July 10, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner has reappeared before the Board of Parole since the parole release determination giving rise to this proceeding and his request for parole release has again been denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see Matter of Davis v Keane, 290 AD2d 763 [2002]).

Cardona, P.J., Mercure, Carpinello, Rose 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 (Kavanagh, J.), entered July 10, 2002 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner has reappeared before the Board of Parole since the parole release determination giving rise to this proceeding and his request for parole release has again been denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see Matter of Davis v Keane, 290 AD2d 763 [2002]).

Cardona, P.J., Mercure, Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

306 A.D.2d 583, 759 N.Y.S.2d 701, 2003 N.Y. App. Div. LEXIS 6294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-travis-nyappdiv-2003.

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