Matter of Soule v. Stanford

Appellate Division of the Supreme Court of New York

Matter of Soule v. Stanford

2017 NY Slip Op 7809, 155 A.D.3d 1552, 63 N.Y.S.3d 281

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

DecidedNovember 9, 2017

Docket1147 CA 16-01460

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 7809 (Matter of Soule 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 Soule v. Stanford, 2017 NY Slip Op 7809, 155 A.D.3d 1552, 63 N.Y.S.3d 281 (N.Y. Ct. App. 2017).

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Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered June 9, 2016 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner appeals from a judgment dismissing her petition pursuant to CPLR article 78 seeking to annul the determination of the Parole Board denying her release to community supervision. Because petitioner has appeared again before the Parole Board during the pendency of this appeal, and was denied release to community supervision again, we dismiss this appeal as moot (see Matter of Ventura v Fischer, 122 AD3d 1303, 1303 [4th Dept 2014]; Matter of Mann v Fischer, 122 AD3d 1386, 1387 [4th Dept 2014]). We conclude that the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Present—Smith, J.P., Peradotto, Lindley, DeJoseph and Winslow, JJ.

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Appeal from a judgment (denominated order) of the Supreme Court, Erie County (John L. Michalski, A.J.), entered June 9, 2016 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner appeals from a judgment dismissing her petition pursuant to CPLR article 78 seeking to annul the determination of the Parole Board denying her release to community supervision. Because petitioner has appeared again before the Parole Board during the pendency of this appeal, and was denied release to community supervision again, we dismiss this appeal as moot (see Matter of Ventura v Fischer, 122 AD3d 1303, 1303 [4th Dept 2014]; Matter of Mann v Fischer, 122 AD3d 1386, 1387 [4th Dept 2014]). We conclude that the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Present—Smith, J.P., Peradotto, Lindley, DeJoseph and Winslow, JJ.

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2017 NY Slip Op 7809, 155 A.D.3d 1552, 63 N.Y.S.3d 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-soule-v-stanford-nyappdiv-2017.

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