Muhammad v. Recore

Appellate Division of the Supreme Court of New York

Muhammad v. Recore

251 A.D.2d 800, 672 N.Y.S.2d 827, 1998 N.Y. App. Div. LEXIS 6770

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

DecidedJune 11, 1998

StatusPublished

Cited by1 cases

This text of 251 A.D.2d 800 (Muhammad v. Recore) 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

Muhammad v. Recore, 251 A.D.2d 800, 672 N.Y.S.2d 827, 1998 N.Y. App. Div. LEXIS 6770 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a judgment of the Supreme Court (Bradley, J.), entered September 19, 1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request to participate in a temporary release program.

While a prison inmate, petitioner commenced this proceeding challenging the March 1997 denial of his application for participation in a temporary release program. Inasmuch as petitioner was released on parole on February 19, 1998, his right to participate in the temporary release program can no longer be affected and this appeal is therefore moot (see, Matter of Volin v Goord, 246 AD2d 702; Matter of Chandler v Coughlin, 126 AD2d 886). In any event, were we to consider those arguments that have been properly preserved for our review, we would find that respondent appropriately considered petitioner’s previous convictions and prior temporary release violation in denying the application (see, Matter of Roper v Recore, 222 AD2d 911).

White, J. P., Yesawich Jr., Peters, Spain and Graffeo, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the Supreme Court (Bradley, J.), entered September 19, 1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request to participate in a temporary release program.

While a prison inmate, petitioner commenced this proceeding challenging the March 1997 denial of his application for participation in a temporary release program. Inasmuch as petitioner was released on parole on February 19, 1998, his right to participate in the temporary release program can no longer be affected and this appeal is therefore moot (see, Matter of Volin v Goord, 246 AD2d 702; Matter of Chandler v Coughlin, 126 AD2d 886). In any event, were we to consider those arguments that have been properly preserved for our review, we would find that respondent appropriately considered petitioner’s previous convictions and prior temporary release violation in denying the application (see, Matter of Roper v Recore, 222 AD2d 911).

White, J. P., Yesawich Jr., Peters, Spain and Graffeo, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

251 A.D.2d 800, 672 N.Y.S.2d 827, 1998 N.Y. App. Div. LEXIS 6770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/muhammad-v-recore-nyappdiv-1998.

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