Wright v. Rodriguez

Appellate Division of the Supreme Court of New York

Wright v. Rodriguez

173 A.D.2d 1078, 571 N.Y.S.2d 895, 1991 N.Y. App. Div. LEXIS 7575

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

DecidedMay 16, 1991

StatusPublished

Cited by1 cases

This text of 173 A.D.2d 1078 (Wright v. Rodriguez) 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

Wright v. Rodriguez, 173 A.D.2d 1078, 571 N.Y.S.2d 895, 1991 N.Y. App. Div. LEXIS 7575 (N.Y. Ct. App. 1991).

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Opinion

Appeal from a judgment of the Supreme Court (Cobb, J.), entered May 14, 1990 in Greene County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the State Division of Parole denying petitioner’s request for parole.

Petitioner commenced this proceeding to review a determination of the State Division of Parole denying his request for parole. However, in view of petitioner’s release in April 1990, the matter has been rendered moot (see, Matter of Smith v Newberry, 154 AD2d 941, lv denied 75 NY2d 705). Furthermore, insofar as it does not raise an issue likely to escape judicial review, it presents no exception to the mootness doctrine (see, supra).

Appeal dismissed, as moot, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

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Appeal from a judgment of the Supreme Court (Cobb, J.), entered May 14, 1990 in Greene County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the State Division of Parole denying petitioner’s request for parole.

Petitioner commenced this proceeding to review a determination of the State Division of Parole denying his request for parole. However, in view of petitioner’s release in April 1990, the matter has been rendered moot (see, Matter of Smith v Newberry, 154 AD2d 941, lv denied 75 NY2d 705). Furthermore, insofar as it does not raise an issue likely to escape judicial review, it presents no exception to the mootness doctrine (see, supra).

Appeal dismissed, as moot, without costs. Weiss, J. P., Yesawich, Jr., Levine, Mercure and Harvey, JJ., concur.

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Bluebook (online)

173 A.D.2d 1078, 571 N.Y.S.2d 895, 1991 N.Y. App. Div. LEXIS 7575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-rodriguez-nyappdiv-1991.

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