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Herrera v. New York State Board of Parole

246 A.D.2d 703, 666 N.Y.S.2d 523, 1998 N.Y. App. Div. LEXIS 46
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 8, 1998
StatusPublished
Cited by11 cases

This text of 246 A.D.2d 703 (Herrera v. New York State Board 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
Herrera v. New York State Board of Parole, 246 A.D.2d 703, 666 N.Y.S.2d 523, 1998 N.Y. App. Div. LEXIS 46 (N.Y. Ct. App. 1998).

Opinion

Appeal from a judgment of the Supreme Court (Torraca, J.), entered March 31, 1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole.

Inasmuch as petitioner, a prison inmate, has reappeared before respondent since the June 1995 parole release hearing that gave rise to this appeal and his request for release on parole again has been denied, the instant appeal is moot and must be dismissed (see, Matter of Bey v Russi, 232 AD2d 686; Matter of Weir v New York State Div. of Parole, 205 AD2d 906). Petitioner’s assertion that this matter presents an exception to the mootness doctrine (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715) has been examined and found to be lacking in merit.

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

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Bluebook (online)
246 A.D.2d 703, 666 N.Y.S.2d 523, 1998 N.Y. App. Div. LEXIS 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herrera-v-new-york-state-board-of-parole-nyappdiv-1998.