Jackson v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Jackson v. New York State Division of Parole

116 A.D.3d 1308, 983 N.Y.S.2d 911

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

DecidedApril 24, 2014

StatusPublished

This text of 116 A.D.3d 1308 (Jackson v. New York State Division 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

Jackson v. New York State Division of Parole, 116 A.D.3d 1308, 983 N.Y.S.2d 911 (N.Y. Ct. App. 2014).

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Opinion

— Appeal from a judgment of the Supreme Court (Elliott III, J.), entered April 18, 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 September 2011 determination of the Board of Parole denying his request for parole release and ordering his next appearance in 24 months. The Attorney General has advised this Court that petitioner reappeared before the Board on August 20, 2013 and his request for parole release was again denied. In view of this, the appeal is now moot and must be dismissed (see Matter of Marcelin v Evans, 108 AD3d 979 [2013], lv denied 22 NY3d 855 [2013]).

Peters, PJ., Stein, Garry and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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— Appeal from a judgment of the Supreme Court (Elliott III, J.), entered April 18, 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 September 2011 determination of the Board of Parole denying his request for parole release and ordering his next appearance in 24 months. The Attorney General has advised this Court that petitioner reappeared before the Board on August 20, 2013 and his request for parole release was again denied. In view of this, the appeal is now moot and must be dismissed (see Matter of Marcelin v Evans, 108 AD3d 979 [2013], lv denied 22 NY3d 855 [2013]).

Peters, PJ., Stein, Garry and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

116 A.D.3d 1308, 983 N.Y.S.2d 911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-new-york-state-division-of-parole-nyappdiv-2014.

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