People ex rel. Nunez v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

People ex rel. Nunez v. New York State Board of Parole

182 A.D.2d 998, 585 N.Y.S.2d 716, 1992 N.Y. App. Div. LEXIS 6105

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

DecidedApril 16, 1992

StatusPublished

Cited by1 cases

This text of 182 A.D.2d 998 (People ex rel. Nunez v. New York State Board 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.

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People ex rel. Nunez v. New York State Board of Parole, 182 A.D.2d 998, 585 N.Y.S.2d 716, 1992 N.Y. App. Div. LEXIS 6105 (N.Y. Ct. App. 1992).

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Opinion

Appeal from a judgment of the County Court of Clinton County (Lewis, J.), entered June 17, 1991, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner seeks habeas corpus relief on the ground that respondent failed to comply with the time and notice provisions of Executive Law § 259-i (3) (f) (i) and (iii). As petitioner has been released from custody, he is not entitled to the extraordinary relief afforded under CPLR article 70 (see, People ex rel. Julio v Walters, 58 NY2d 881; People ex rel. Kitchen v Sullivan, 121 AD2d 415) and his appeal should be dismissed as moot.

Weiss, P. J., Mikoll, Mercure and Crew III, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the County Court of Clinton County (Lewis, J.), entered June 17, 1991, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner seeks habeas corpus relief on the ground that respondent failed to comply with the time and notice provisions of Executive Law § 259-i (3) (f) (i) and (iii). As petitioner has been released from custody, he is not entitled to the extraordinary relief afforded under CPLR article 70 (see, People ex rel. Julio v Walters, 58 NY2d 881; People ex rel. Kitchen v Sullivan, 121 AD2d 415) and his appeal should be dismissed as moot.

Weiss, P. J., Mikoll, Mercure and Crew III, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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182 A.D.2d 998, 585 N.Y.S.2d 716, 1992 N.Y. App. Div. LEXIS 6105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-nunez-v-new-york-state-board-of-parole-nyappdiv-1992.

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