Torres v. State

Appellate Division of the Supreme Court of New York

Torres v. State

15 A.D.3d 742, 788 N.Y.S.2d 869, 2005 N.Y. App. Div. LEXIS 1428

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

DecidedFebruary 10, 2005

StatusPublished

Cited by1 cases

This text of 15 A.D.3d 742 (Torres v. State) 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

Torres v. State, 15 A.D.3d 742, 788 N.Y.S.2d 869, 2005 N.Y. App. Div. LEXIS 1428 (N.Y. Ct. App. 2005).

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Opinion

Appeal from a judgment of the Supreme Court (McNamara, J.), entered April 13, 2004 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.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and again was denied parole release. Given petitioner’s subsequent reappearance before the Board in August 2004, the instant matter is now moot (see Matter of Rivera v Travis, 8 AD3d 716 [2004]). Because some delay in bringing this matter to court is attributable to petitioner, we decline to apply the exception to the mootness doctrine.

Cardona, EJ., Crew III, Peters, Mugglin 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 (McNamara, J.), entered April 13, 2004 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.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and again was denied parole release. Given petitioner’s subsequent reappearance before the Board in August 2004, the instant matter is now moot (see Matter of Rivera v Travis, 8 AD3d 716 [2004]). Because some delay in bringing this matter to court is attributable to petitioner, we decline to apply the exception to the mootness doctrine.

Cardona, EJ., Crew III, Peters, Mugglin and Kane, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

15 A.D.3d 742, 788 N.Y.S.2d 869, 2005 N.Y. App. Div. LEXIS 1428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-state-nyappdiv-2005.

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