Kalwasinski v. Pataki

Appellate Division of the Supreme Court of New York

Kalwasinski v. Pataki

25 A.D.3d 835, 805 N.Y.S.2d 860

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

DecidedJanuary 5, 2006

StatusPublished

Cited by2 cases

This text of 25 A.D.3d 835 (Kalwasinski v. Pataki) 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

Kalwasinski v. Pataki, 25 A.D.3d 835, 805 N.Y.S.2d 860 (N.Y. Ct. App. 2006).

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Opinion

Appeal from a judgment of the Supreme Court (Spargo, J.), entered August 11, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of personal jurisdiction.

Since the February 2003 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release has again been denied. Given petitioner’s subsequent reappearance before the Board in March 2005, the instant matter must be dismissed as moot (see Matter of Ayala v New York State Bd. of Parole, 17 AD3d 946 [2005]).

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Spargo, J.), entered August 11, 2004 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition for lack of personal jurisdiction.

Since the February 2003 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release has again been denied. Given petitioner’s subsequent reappearance before the Board in March 2005, the instant matter must be dismissed as moot (see Matter of Ayala v New York State Bd. of Parole, 17 AD3d 946 [2005]).

Spain, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

25 A.D.3d 835, 805 N.Y.S.2d 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kalwasinski-v-pataki-nyappdiv-2006.

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