Thompson v. Department of Corrections & Community Supervision
This text of 140 A.D.3d 1516 (Thompson v. Department of Corrections & Community Supervision) 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.
Opinion
Appeal from a judgment of the Supreme Court (Melkonian, J.), entered September 30, 2015, 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 an August 2014 determination of the Board of Parole denying his request for parole release and ordering his next appearance in 15 months. Supreme Court dismissed the petition, and this appeal ensued. The Attorney General has advised this Court that petitioner reappeared before the Board in November 2015 and was again denied parole release. As a result, the appeal is now moot and must be dismissed (see Matter of Franko v Department of Corr. & Community Supervision, 126 AD3d 1193, 1193 [2015]).
Ordered that the appeal is dismissed, as moot, without costs.
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Cite This Page — Counsel Stack
140 A.D.3d 1516, 33 N.Y.S.3d 775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-department-of-corrections-community-supervision-nyappdiv-2016.