Rivera v. Dennison

Appellate Division of the Supreme Court of New York

Rivera v. Dennison

53 A.D.3d 965, 860 N.Y.S.2d 757

Appellate Division of the Supreme Court of the State of New York·Decided July 24, 2008·Published

Opinion

Appeal from a judgment of the Supreme Court (Lynch, J.), entered November 8, 2007 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner commenced this CPLR article 78 proceeding seeking to annul a May 2006 determination of the Board of Parole denying his request for parole release and imposing a 24-month hold. Supreme Court granted the petition based upon the Board’s failure to obtain and consider petitioner’s sentencing minutes and remitted this matter for a new hearing.

In view of the fact that Supreme Court granted petitioner’s application and remitted this matter for a new hearing, which petitioner received, petitioner was not an aggrieved party within the meaning of CPLR 5511 (see Matter of Habib v Motor Veh. Acc. Indem. Corp., 30 AD3d 422, 423 [2006]; Matter of Alvarez v State Bd. of Parole, 74 AD2d 684 [1980]).

Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Lynch, J.), entered November 8, 2007 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner commenced this CPLR article 78 proceeding seeking to annul a May 2006 determination of the Board of Parole denying his request for parole release and imposing a 24-month hold. Supreme Court granted the petition based upon the Board’s failure to obtain and consider petitioner’s sentencing minutes and remitted this matter for a new hearing.

In view of the fact that Supreme Court granted petitioner’s application and remitted this matter for a new hearing, which petitioner received, petitioner was not an aggrieved party within the meaning of CPLR 5511 (see Matter of Habib v Motor Veh. Acc. Indem. Corp., 30 AD3d 422, 423 [2006]; Matter of Alvarez v State Bd. of Parole, 74 AD2d 684 [1980]).

Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

Rivera v. Dennison, 53 A.D.3d 965, 860 N.Y.S.2d 757 (N.Y. Ct. App. 2008).

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Opinion

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