Seegars v. Fischer

Appellate Division of the Supreme Court of New York

Seegars v. Fischer

84 A.D.3d 1653, 923 N.Y.S.2d 374

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

DecidedMay 26, 2011

StatusPublished

This text of 84 A.D.3d 1653 (Seegars v. Fischer) 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

Seegars v. Fischer, 84 A.D.3d 1653, 923 N.Y.S.2d 374 (N.Y. Ct. App. 2011).

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Opinion

Egan Jr., J.

Appeal from a judgment of the Supreme Court (Devine, J.), entered August 23, 2010 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner commenced this CPLR article 78 proceeding challenging a decision of the Board of Parole denying his request for parole release. Supreme Court dismissed the proceeding following joinder of issue, and petitioner appeals. Inasmuch as petitioner reappeared before the Board in May 2011 and again has been denied parole release, his appeal is dismissed as moot (see Matter of Perkins v New York State Div. of Parole, 80 AD3d 1045, 1046 [2011]; Matter of Williams v Alexander, 65 AD3d 1412, 1413 [2009]).

Peters, J.E, Rose, Malone Jr. and Stein, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Egan Jr., J.

Appeal from a judgment of the Supreme Court (Devine, J.), entered August 23, 2010 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner commenced this CPLR article 78 proceeding challenging a decision of the Board of Parole denying his request for parole release. Supreme Court dismissed the proceeding following joinder of issue, and petitioner appeals. Inasmuch as petitioner reappeared before the Board in May 2011 and again has been denied parole release, his appeal is dismissed as moot (see Matter of Perkins v New York State Div. of Parole, 80 AD3d 1045, 1046 [2011]; Matter of Williams v Alexander, 65 AD3d 1412, 1413 [2009]).

Peters, J.E, Rose, Malone Jr. and Stein, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

84 A.D.3d 1653, 923 N.Y.S.2d 374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seegars-v-fischer-nyappdiv-2011.

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