Prescott v. Coughlin

Appellate Division of the Supreme Court of New York

Prescott v. Coughlin

221 A.D.2d 785, 634 N.Y.S.2d 410, 1995 N.Y. App. Div. LEXIS 11765

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

DecidedNovember 16, 1995

StatusPublished

Cited by4 cases

This text of 221 A.D.2d 785 (Prescott v. Coughlin) 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

Prescott v. Coughlin, 221 A.D.2d 785, 634 N.Y.S.2d 410, 1995 N.Y. App. Div. LEXIS 11765 (N.Y. Ct. App. 1995).

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Opinion

—Appeal from a judgment of the Supreme Court (Bradley, J.), entered February 8, 1995 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services denying petitioner’s request to participate in a temporary release program.

Petitioner, a prison inmate, challenges the denial of his request to participate in a temporary release program on due process grounds. However, inasmuch as petitioner reapplied for temporary release after issuance of the determination at issue and was given a new hearing at that time, we find that his appeal is now moot. Accordingly, it is dismissed.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the Supreme Court (Bradley, J.), entered February 8, 1995 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent Commissioner of Correctional Services denying petitioner’s request to participate in a temporary release program.

Petitioner, a prison inmate, challenges the denial of his request to participate in a temporary release program on due process grounds. However, inasmuch as petitioner reapplied for temporary release after issuance of the determination at issue and was given a new hearing at that time, we find that his appeal is now moot. Accordingly, it is dismissed.

Mercure, J. P., Crew III, Casey, Yesawich Jr. and Spain, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

221 A.D.2d 785, 634 N.Y.S.2d 410, 1995 N.Y. App. Div. LEXIS 11765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prescott-v-coughlin-nyappdiv-1995.

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