Hardwick v. New York State Department of Parole

Appellate Division of the Supreme Court of New York

Hardwick v. New York State Department of Parole

116 A.D.3d 1332, 983 N.Y.S.2d 921

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

DecidedApril 24, 2014

StatusPublished

This text of 116 A.D.3d 1332 (Hardwick v. New York State Department 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

Hardwick v. New York State Department of Parole, 116 A.D.3d 1332, 983 N.Y.S.2d 921 (N.Y. Ct. App. 2014).

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Opinion

— Appeal from a judgment of the Supreme Court (Mercure, J.), entered July 19, 2013 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 commenced this CPLR article 78 proceeding challenging a March 2012 determination of the Board of Parole denying his request for parole release. Petitioner reappeared before the Board in March 2014, at which time his request for parole release was again denied. In view of this, and given that petitioner has received all of the relief to which he is entitled, the appeal must be dismissed as moot (see Matter of Cruz v New York State Bd. of Parole, 109 AD3d 1033, 1034 [2013]; Matter of Lopez v Evans, 102 AD3d 1029, 1030 [2013]).

Peters, EJ., Stein, Garry and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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— Appeal from a judgment of the Supreme Court (Mercure, J.), entered July 19, 2013 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 commenced this CPLR article 78 proceeding challenging a March 2012 determination of the Board of Parole denying his request for parole release. Petitioner reappeared before the Board in March 2014, at which time his request for parole release was again denied. In view of this, and given that petitioner has received all of the relief to which he is entitled, the appeal must be dismissed as moot (see Matter of Cruz v New York State Bd. of Parole, 109 AD3d 1033, 1034 [2013]; Matter of Lopez v Evans, 102 AD3d 1029, 1030 [2013]).

Peters, EJ., Stein, Garry and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

116 A.D.3d 1332, 983 N.Y.S.2d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hardwick-v-new-york-state-department-of-parole-nyappdiv-2014.

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