Marnell v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Marnell v. New York State Division of Parole

20 A.D.3d 805, 797 N.Y.S.2d 922, 2005 N.Y. App. Div. LEXIS 7942

Appellate Division of the Supreme Court of the State of New York·Decided July 21, 2005·Published·Cited by 2 cases

Opinion

Appeal from a judgment of the Supreme Court (Lamont, J.), entered December 15, 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 May 14, 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 May 2005, the instant matter must be dismissed as moot (see Matter of Ayala v New York State Bd. of Parole, 17 AD3d 946 [2005]).

Crew III, J.P., Peters, Spain, Carpinello 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 (Lamont, J.), entered December 15, 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 May 14, 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 May 2005, the instant matter must be dismissed as moot (see Matter of Ayala v New York State Bd. of Parole, 17 AD3d 946 [2005]).

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

Marnell v. New York State Division of Parole, 20 A.D.3d 805, 797 N.Y.S.2d 922, 2005 N.Y. App. Div. LEXIS 7942 (N.Y. Ct. App. 2005).

Pincite

20 A.D.3d 805 (Marnell v. New York State Division of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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