Matter of Boyd v. Ledbetter

Appellate Division of the Supreme Court of New York

Matter of Boyd v. Ledbetter

126 A.D.3d 1188, 3 N.Y.S.3d 646

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

DecidedMarch 19, 2015

Docket518141

StatusPublished

This text of 126 A.D.3d 1188 (Matter of Boyd v. Ledbetter) 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

Matter of Boyd v. Ledbetter, 126 A.D.3d 1188, 3 N.Y.S.3d 646 (N.Y. Ct. App. 2015).

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Opinion

Appeal from a judgment of the Supreme Court (Lynch, J.), entered November 18, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging the January 2013 denial of his application for participation in a temporary work release program. The Attorney General has advised this Court that petitioner has since been released on parole. Inasmuch as petitioner is no longer incarcerated and can no longer be aggrieved, this appeal must be dismissed as moot (see Matter of Shell v New York State Dept. of Corrections Temporary Release Program, 26 AD3d 537, 537 [2006]).

Garry, J.P., Rose, Devine and Clark, JJ., concur.

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

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Appeal from a judgment of the Supreme Court (Lynch, J.), entered November 18, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging the January 2013 denial of his application for participation in a temporary work release program. The Attorney General has advised this Court that petitioner has since been released on parole. Inasmuch as petitioner is no longer incarcerated and can no longer be aggrieved, this appeal must be dismissed as moot (see Matter of Shell v New York State Dept. of Corrections Temporary Release Program, 26 AD3d 537, 537 [2006]).

Garry, J.P., Rose, Devine and Clark, JJ., concur.

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

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Bluebook (online)

126 A.D.3d 1188, 3 N.Y.S.3d 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-boyd-v-ledbetter-nyappdiv-2015.

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