Home/New York Court of Appeals/People Ex Rel. Schmidt v. La Vallee

People Ex Rel. Schmidt v. La Vallee

352 N.E.2d 579, 39 N.Y.2d 886, 386 N.Y.S.2d 392, 1976 N.Y. LEXIS 2824
CourtNew York Court of Appeals
DecidedJune 3, 1976
StatusPublished
Cited by9 cases

This text of 352 N.E.2d 579 (People Ex Rel. Schmidt v. La Vallee) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People Ex Rel. Schmidt v. La Vallee, 352 N.E.2d 579, 39 N.Y.2d 886, 386 N.Y.S.2d 392, 1976 N.Y. LEXIS 2824 (N.Y. 1976).

Opinion

*887 Memorandum. Appeal dismissed as moot, without costs.

Since relator has received a parole eligibility hearing it is now academic that he did not receive, as he should have, a prompt final parole revocation hearing (see Matter of Beattie v New York State Bd. of Parole, 39 NY2d 445). Hence, the appeal is dismissed as moot. It is not necessary to consider the appropriateness of a habeas corpus proceeding to obtain a parole revocation hearing, because, in any event, relator was lawfully detained on the subsequent criminal charge. This reasoning would result in a dismissal not only of the appeal but also of the proceeding itself, a matter of no practical significance at this time.

Appeal dismissed, without costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
352 N.E.2d 579, 39 N.Y.2d 886, 386 N.Y.S.2d 392, 1976 N.Y. LEXIS 2824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-schmidt-v-la-vallee-ny-1976.