People ex rel. Melendez v. McLaughlin
This text of 30 A.D.3d 922 (People ex rel. Melendez v. McLaughlin) 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.
Opinion
Appeal from a judgment of the County Court of Columbia County (Czajka, J.), entered July 7, 2005, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.
After petitioner was released to parole supervision, he was charged with violating several conditions of his parole. He pleaded guilty to one violation and a 12-month hold was imposed. Petitioner subsequently commenced this CPLR article 70 proceeding, seeking immediate release to parole supervision. As petitioner has since been released to parole supervision and is no longer in custody, this habeas corpus proceeding must be dismissed as moot (see People ex rel. Schoenwandt v Travis, 23 AD3d 806 [2005]).
Mercure, J.P., Crew III, Spain and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.
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Cite This Page — Counsel Stack
30 A.D.3d 922, 816 N.Y.S.2d 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-melendez-v-mclaughlin-nyappdiv-2006.