Matter of Morgan v. Stanford

Appellate Division of the Supreme Court of New York

Matter of Morgan v. Stanford

142 A.D.3d 1226, 37 N.Y.S.3d 720

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

DecidedSeptember 28, 2016

Docket521158

StatusPublished

This text of 142 A.D.3d 1226 (Matter of Morgan v. Stanford) 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.

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Matter of Morgan v. Stanford, 142 A.D.3d 1226, 37 N.Y.S.3d 720 (N.Y. Ct. App. 2016).

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Appeal from a judgment of the Supreme Court (Mc-Donough, J.), entered April 3, 2015 in Albany County, which, in a proceeding pursuant to CPLR article 78, among other things, dismissed the petition.

Petitioner made an initial appearance before the Board of Parole in 2012 and, after his request for parole release was denied, he commenced this CPLR article 78 proceeding. The Department of Corrections and Community Supervision subsequently discovered that petitioner’s aggregate prison term had been miscalculated and that he was not eligible for parole release until 2030. The initial parole release determination, as a result, was voided. Supreme Court dismissed the petition as moot and this appeal ensued.

We affirm. Supreme Court properly dismissed the petition as moot and, contrary to petitioner’s contention, we find that the narrow exception to the mootness doctrine is inapplicable (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). To the extent that petitioner attempts to challenge the recalculation of his sentence, that issue is not properly before this Court on this appeal.

Peters, P.J., Garry, Rose, Devine and Mulvey, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Mc-Donough, J.), entered April 3, 2015 in Albany County, which, in a proceeding pursuant to CPLR article 78, among other things, dismissed the petition.

Petitioner made an initial appearance before the Board of Parole in 2012 and, after his request for parole release was denied, he commenced this CPLR article 78 proceeding. The Department of Corrections and Community Supervision subsequently discovered that petitioner’s aggregate prison term had been miscalculated and that he was not eligible for parole release until 2030. The initial parole release determination, as a result, was voided. Supreme Court dismissed the petition as moot and this appeal ensued.

We affirm. Supreme Court properly dismissed the petition as moot and, contrary to petitioner’s contention, we find that the narrow exception to the mootness doctrine is inapplicable (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714 [1980]). To the extent that petitioner attempts to challenge the recalculation of his sentence, that issue is not properly before this Court on this appeal.

Peters, P.J., Garry, Rose, Devine and Mulvey, JJ., concur. Ordered that the judgment is affirmed, without costs.

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142 A.D.3d 1226, 37 N.Y.S.3d 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-morgan-v-stanford-nyappdiv-2016.

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