Gelman v. Travis

Appellate Division of the Supreme Court of New York

Gelman v. Travis

23 A.D.3d 724, 802 N.Y.S.2d 640

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

DecidedNovember 3, 2005

StatusPublished

This text of 23 A.D.3d 724 (Gelman 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

Gelman v. Travis, 23 A.D.3d 724, 802 N.Y.S.2d 640 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the Supreme Court (Canfield, J.), entered April 1, 2004 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.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and again was denied parole release. Given petitioner’s subsequent reappearance before the Board in June 2004, the instant matter is now moot and must be dismissed (see Matter of Rivera v Travis, 8 AD3d 716 [2004]).

Cardona, PJ., Crew III, 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 (Canfield, J.), entered April 1, 2004 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.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and again was denied parole release. Given petitioner’s subsequent reappearance before the Board in June 2004, the instant matter is now moot and must be dismissed (see Matter of Rivera v Travis, 8 AD3d 716 [2004]).

Cardona, PJ., Crew III, Carpinello, Rose and Lahtinen, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

23 A.D.3d 724, 802 N.Y.S.2d 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gelman-v-travis-nyappdiv-2005.

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