Shell v. New York State Department of Corrections Temporary Release Program

Appellate Division of the Supreme Court of New York

Shell v. New York State Department of Corrections Temporary Release Program

26 A.D.3d 537, 807 N.Y.S.2d 742

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

DecidedFebruary 2, 2006

StatusPublished

Cited by7 cases

This text of 26 A.D.3d 537 (Shell v. New York State Department of Corrections Temporary Release Program) 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.

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Shell v. New York State Department of Corrections Temporary Release Program, 26 A.D.3d 537, 807 N.Y.S.2d 742 (N.Y. Ct. App. 2006).

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Opinion

Appeal from a judgment of the Supreme Court (Lamont, J.), entered December 28, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request to participate in a temporary work release program.

Petitioner commenced this CPLR article 78 proceeding challenging the February 2004 denial of his application for participation in a temporary work release program. The Attorney General has advised this Court that petitioner has since been released on parole. Inasmuch as petitioner is no longer incarcerated and can no longer be affected by the determination denying his temporary work release application, this appeal must be dismissed as moot (see Matter of Muhammad v Recore, 251 AD2d 800 [1998]; Matter of Volin v Goord, 246 AD2d 702, 703 [1998]).

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Lamont, J.), entered December 28, 2004 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request to participate in a temporary work release program.

Petitioner commenced this CPLR article 78 proceeding challenging the February 2004 denial of his application for participation in a temporary work release program. The Attorney General has advised this Court that petitioner has since been released on parole. Inasmuch as petitioner is no longer incarcerated and can no longer be affected by the determination denying his temporary work release application, this appeal must be dismissed as moot (see Matter of Muhammad v Recore, 251 AD2d 800 [1998]; Matter of Volin v Goord, 246 AD2d 702, 703 [1998]).

Cardona, P.J., Peters, Spain, Mugglin and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

26 A.D.3d 537, 807 N.Y.S.2d 742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shell-v-new-york-state-department-of-corrections-temporary-release-program-nyappdiv-2006.

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