People ex rel. Vines v. Executive Department

Appellate Division of the Supreme Court of New York

People ex rel. Vines v. Executive Department

237 A.D.2d 778, 655 N.Y.S.2d 456, 1997 N.Y. App. Div. LEXIS 2463

Appellate Division of the Supreme Court of the State of New York·Decided March 13, 1997·Published·Cited by 1 cases

Opinion

Casey, J.

Appeal from a judgment of the Supreme Court (Kane, J.), entered June 7, 1996 in Sullivan County, which converted petitioner’s application for a writ of habeas corpus into a proceeding pursuant to CPLR article 78 and dismissed the petition.

Petitioner challenges a determination of respondent Board of Parole, issued December 14, 1994, which denied his request for release on parole and ordered him held for an additional 24 months, with a subsequent parole hearing scheduled for December 1996. Inasmuch as the 24-month period specified in the determination has expired, this appeal is moot (see, Matter of Alexander v Rodriguez, 182 AD2d 958). In any event, the Board’s discretionary release decision was in full accord with all statutory and regulatory requirements (see, Matter of McKee v New York State Bd. of Parole, 157 AD2d 944, 945).

Cardona, P. J., Crew III, White and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Casey, J.

Appeal from a judgment of the Supreme Court (Kane, J.), entered June 7, 1996 in Sullivan County, which converted petitioner’s application for a writ of habeas corpus into a proceeding pursuant to CPLR article 78 and dismissed the petition.

Petitioner challenges a determination of respondent Board of Parole, issued December 14, 1994, which denied his request for release on parole and ordered him held for an additional 24 months, with a subsequent parole hearing scheduled for December 1996. Inasmuch as the 24-month period specified in the determination has expired, this appeal is moot (see, Matter of Alexander v Rodriguez, 182 AD2d 958). In any event, the Board’s discretionary release decision was in full accord with all statutory and regulatory requirements (see, Matter of McKee v New York State Bd. of Parole, 157 AD2d 944, 945).

Cardona, P. J., Crew III, White and Carpinello, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

People ex rel. Vines v. Executive Department, 237 A.D.2d 778, 655 N.Y.S.2d 456, 1997 N.Y. App. Div. LEXIS 2463 (N.Y. Ct. App. 1997).

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Opinion

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