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

Appellate Division of the Supreme Court of the State of New York·Decided April 16, 1992·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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).

Pincite

182 A.D.2d 998 (People ex rel. Nunez v. New York State Board of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related