Hynes v. Stanford

Appellate Division of the Supreme Court of New York

Hynes v. Stanford

148 A.D.3d 1383, 48 N.Y.S.3d 634

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

DecidedMarch 16, 2017

StatusPublished

This text of 148 A.D.3d 1383 (Hynes v. Stanford) 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

Hynes v. Stanford, 148 A.D.3d 1383, 48 N.Y.S.3d 634 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Supreme Court (Fer-reira, J.), entered January 8, 2016 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 July 2014 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition and petitioner appeals. This Court has confirmed that petitioner reappeared before the Board in January 2017 at which time he was again denied parole release. As such, the appeal is moot and, as the narrow exception to the mootness doctrine is inapplicable, it must be dismissed (see Matter of Walker v Annucci, 138 AD3d 1334, 1334 [2016]).

Garry, J.P., Lynch, Devine, Clark and Mulvey, JJ., concur.

Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Fer-reira, J.), entered January 8, 2016 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 July 2014 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition and petitioner appeals. This Court has confirmed that petitioner reappeared before the Board in January 2017 at which time he was again denied parole release. As such, the appeal is moot and, as the narrow exception to the mootness doctrine is inapplicable, it must be dismissed (see Matter of Walker v Annucci, 138 AD3d 1334, 1334 [2016]).

Garry, J.P., Lynch, Devine, Clark and Mulvey, JJ., concur.

Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

148 A.D.3d 1383, 48 N.Y.S.3d 634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hynes-v-stanford-nyappdiv-2017.

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