Williams v. Alexander

Appellate Division of the Supreme Court of New York

Williams v. Alexander

65 A.D.3d 1412, 885 N.Y.S.2d 234

Appellate Division of the Supreme Court of the State of New York·Decided September 17, 2009·Published·Cited by 4 cases

Opinion

Appeal from a judgment of the Supreme Court (Lynch, J.), entered September 2, 2008 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 determination of the Board of Parole rendered in March 2007 which denied his request for parole release and [1413]*1413ordered him held for an additional 24 months. The Attorney-General has advised that petitioner reappeared before the Board in December 2008 and, thus, the instant appeal must be dismissed as moot (see Matter of Lebron v Travis, 47 AD3d 1142 [2008], lv denied 10 NY3d 707 [2008]; Matter of Kalwasinski v New York State Div. of Parole, 36 AD3d 1200 [2007], lv denied 8 NY3d 811 [2007]).

Cardona, P.J., Mercure, Spain, Kane and Stein, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Lynch, J.), entered September 2, 2008 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 determination of the Board of Parole rendered in March 2007 which denied his request for parole release and [1413]*1413ordered him held for an additional 24 months. The Attorney-General has advised that petitioner reappeared before the Board in December 2008 and, thus, the instant appeal must be dismissed as moot (see Matter of Lebron v Travis, 47 AD3d 1142 [2008], lv denied 10 NY3d 707 [2008]; Matter of Kalwasinski v New York State Div. of Parole, 36 AD3d 1200 [2007], lv denied 8 NY3d 811 [2007]).

Cardona, P.J., Mercure, Spain, Kane and Stein, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

Williams v. Alexander, 65 A.D.3d 1412, 885 N.Y.S.2d 234 (N.Y. Ct. App. 2009).

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Opinion

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