Opinion

Purcell v. New York State Board of Parole

  • 256 A.D.2d 698
  • 680 N.Y.S.2d 881
  • 1998 N.Y. App. Div. LEXIS 13011
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 3, 1998
Status
Published
Cited by
1 cases
Authority
More cited than 61.9%

The opinion

—Appeal from a judgment of the Supreme Court (Bradley, J.), *699 entered January 27, 1998 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination by respondent denying petitioner’s request for parole release.

Petitioner, a prison inmate, commenced this CPLR Article 78 proceeding challenging the denial of his application for parole release following an August 21, 1996 Parole Board hearing. The Attorney-General has advised this Court that petitioner reappeared before respondent on August 19, 1998 and his request for parole release was again denied. Consequently, 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 Almeyda v New York State Div. of Parole, 251 AD2d 739 ).

Mikoll, J. P., Crew III, Peters, Spain and Graffeo, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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