People ex rel. Tyler v. Senkowski

Appellate Division of the Supreme Court of New York

People ex rel. Tyler v. Senkowski

271 A.D.2d 740, 706 N.Y.S.2d 368, 2000 N.Y. App. Div. LEXIS 3897

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

DecidedApril 6, 2000

StatusPublished

This text of 271 A.D.2d 740 (People ex rel. Tyler v. Senkowski) 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.

Bluebook

People ex rel. Tyler v. Senkowski, 271 A.D.2d 740, 706 N.Y.S.2d 368, 2000 N.Y. App. Div. LEXIS 3897 (N.Y. Ct. App. 2000).

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Opinion

—Appeal from a judgment of the Supreme Court (McGill, J.), entered March 31, 1999 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding challenging a 1993 determination revoking his parole. Supreme Court denied the application for a writ and we affirm, albeit on a different ground than that expressed by Supreme Court. The record reveals that petitioner previously filed an identical application challenging the 1993 determination and was granted a rehearing, following which petitioner’s parole was again revoked in 1994. Inasmuch as petitioner is being detained pursuant to the 1994 determination, which superseded the one made in 1993, any resolution of this proceeding by Supreme Court would have no impact on petitioner’s rights (see, Matter of Bennett v Kelly, 251 AD2d 776, lv denied 92 NY2d 811). In light of our conclusion that this controversy is moot, and in the absence of any indication that one of the established exceptions to the mootness doctrine applies, petitioner’s application should have been denied as moot.

Cardona, P. J., Mercure, Crew III, Graffeo and Mugglin, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (McGill, J.), entered March 31, 1999 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner commenced this habeas corpus proceeding challenging a 1993 determination revoking his parole. Supreme Court denied the application for a writ and we affirm, albeit on a different ground than that expressed by Supreme Court. The record reveals that petitioner previously filed an identical application challenging the 1993 determination and was granted a rehearing, following which petitioner’s parole was again revoked in 1994. Inasmuch as petitioner is being detained pursuant to the 1994 determination, which superseded the one made in 1993, any resolution of this proceeding by Supreme Court would have no impact on petitioner’s rights (see, Matter of Bennett v Kelly, 251 AD2d 776, lv denied 92 NY2d 811). In light of our conclusion that this controversy is moot, and in the absence of any indication that one of the established exceptions to the mootness doctrine applies, petitioner’s application should have been denied as moot.

Cardona, P. J., Mercure, Crew III, Graffeo and Mugglin, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

271 A.D.2d 740, 706 N.Y.S.2d 368, 2000 N.Y. App. Div. LEXIS 3897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-tyler-v-senkowski-nyappdiv-2000.

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