People ex rel. Kahn v. Scully

Appellate Division of the Supreme Court of New York

People ex rel. Kahn v. Scully

91 A.D.2d 672, 457 N.Y.S.2d 429, 1982 N.Y. App. Div. LEXIS 19544

Appellate Division of the Supreme Court of the State of New York·Decided December 27, 1982·Published

Opinion

— In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Kelly, J.), dated September 21, 1981, which dismissed the writ. Appeal dismissed as academic, without costs or disbursements. The petitioner commenced this proceeding alleging, in substance, that his incarceration was unlawful because it was based upon an erroneous determination of the Board of Parole fixing his minimum period of imprisonment. In view of the fact that the petitioner is scheduled to appear for parole consideration in December, 1982, his appeal from the judgment has been rendered academic. Mollen, P. J., Gulotta, Brown and Boyers, JJ., concur.

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— In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Kelly, J.), dated September 21, 1981, which dismissed the writ. Appeal dismissed as academic, without costs or disbursements. The petitioner commenced this proceeding alleging, in substance, that his incarceration was unlawful because it was based upon an erroneous determination of the Board of Parole fixing his minimum period of imprisonment. In view of the fact that the petitioner is scheduled to appear for parole consideration in December, 1982, his appeal from the judgment has been rendered academic. Mollen, P. J., Gulotta, Brown and Boyers, JJ., concur.

People ex rel. Kahn v. Scully, 91 A.D.2d 672, 457 N.Y.S.2d 429, 1982 N.Y. App. Div. LEXIS 19544 (N.Y. Ct. App. 1982).

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91 A.D.2d 672 (People ex rel. Kahn v. Scully) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.