Solimine v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Solimine v. New York State Board of Parole

268 A.D.2d 638, 701 N.Y.S.2d 674, 2000 N.Y. App. Div. LEXIS 103

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

DecidedJanuary 6, 2000

StatusPublished

Cited by1 cases

This text of 268 A.D.2d 638 (Solimine v. New York State Board of Parole) 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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Solimine v. New York State Board of Parole, 268 A.D.2d 638, 701 N.Y.S.2d 674, 2000 N.Y. App. Div. LEXIS 103 (N.Y. Ct. App. 2000).

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Opinion

—Appeal from a judgment of the Supreme Court (Sheridan, J.), entered March 31, 1999 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 for parole release.

Petitioner, a prison inmate, has reappeared before respondent since the original parole release hearing which gave rise to this appeal and parole release was again denied. In light of petitioner’s reappearance before respondent, the instant appeal is now moot and must be dismissed (see, Matter of Keating v New York State Div. of Parole, 252 AD2d 635; Matter of Herrera v New York State Bd. of Parole, 246 AD2d 703). In any event, if we were to examine the merits of the appeal, we would find that respondent’s June 1997 determination was supported by substantial evidence.

Mercure, J. P., Peters, Carpinello, Graffeo and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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—Appeal from a judgment of the Supreme Court (Sheridan, J.), entered March 31, 1999 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 for parole release.

Petitioner, a prison inmate, has reappeared before respondent since the original parole release hearing which gave rise to this appeal and parole release was again denied. In light of petitioner’s reappearance before respondent, the instant appeal is now moot and must be dismissed (see, Matter of Keating v New York State Div. of Parole, 252 AD2d 635; Matter of Herrera v New York State Bd. of Parole, 246 AD2d 703). In any event, if we were to examine the merits of the appeal, we would find that respondent’s June 1997 determination was supported by substantial evidence.

Mercure, J. P., Peters, Carpinello, Graffeo and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

268 A.D.2d 638, 701 N.Y.S.2d 674, 2000 N.Y. App. Div. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/solimine-v-new-york-state-board-of-parole-nyappdiv-2000.

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