Lenihan v. Travis

Appellate Division of the Supreme Court of New York

Lenihan v. Travis

17 A.D.3d 740, 791 N.Y.S.2d 860, 2005 N.Y. App. Div. LEXIS 3628

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

DecidedApril 7, 2005

StatusPublished

Cited by3 cases

This text of 17 A.D.3d 740 (Lenihan v. Travis) 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

Lenihan v. Travis, 17 A.D.3d 740, 791 N.Y.S.2d 860, 2005 N.Y. App. Div. LEXIS 3628 (N.Y. Ct. App. 2005).

Pincite

Opinion

Appeal from a judgment of the Supreme Court (Benza, J.), entered April 5, 2004 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.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release was granted. The instant appeal is, accordingly, moot and must be dismissed (see Matter of Concepcion v New York State Bd. of Parole, 304 AD2d 878 [2003]).

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

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Appeal from a judgment of the Supreme Court (Benza, J.), entered April 5, 2004 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.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release was granted. The instant appeal is, accordingly, moot and must be dismissed (see Matter of Concepcion v New York State Bd. of Parole, 304 AD2d 878 [2003]).

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

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Bluebook (online)

17 A.D.3d 740, 791 N.Y.S.2d 860, 2005 N.Y. App. Div. LEXIS 3628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lenihan-v-travis-nyappdiv-2005.

Opinion

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