Parker v. Executive Department Division of Parole

Appellate Division of the Supreme Court of New York

Parker v. Executive Department Division of Parole

298 A.D.2d 782, 748 N.Y.S.2d 706, 2002 N.Y. App. Div. LEXIS 10345

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

DecidedOctober 31, 2002

StatusPublished

Cited by1 cases

This text of 298 A.D.2d 782 (Parker v. Executive Department Division of Parole) 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

Parker v. Executive Department Division of Parole, 298 A.D.2d 782, 748 N.Y.S.2d 706, 2002 N.Y. App. Div. LEXIS 10345 (N.Y. Ct. App. 2002).

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Opinion

Appeal from a judgment of the Supreme Court (Cannizzaro, J.), entered December 5, 2001 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.

In the time since the parole release determination giving rise to this proceeding, petitioner has reappeared before the Board of Parole and his request for parole release has again been denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see Matter of Bermudez v New York State Div. of Parole, 281 AD2d 673).

Mercure, J.P., Spain, Carpinello, Mugglin 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 (Cannizzaro, J.), entered December 5, 2001 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.

In the time since the parole release determination giving rise to this proceeding, petitioner has reappeared before the Board of Parole and his request for parole release has again been denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see Matter of Bermudez v New York State Div. of Parole, 281 AD2d 673).

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

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Bluebook (online)

298 A.D.2d 782, 748 N.Y.S.2d 706, 2002 N.Y. App. Div. LEXIS 10345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-executive-department-division-of-parole-nyappdiv-2002.

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