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Matter of Keating v. Div. of Parole

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1998
252 A.D.2d 635 (N.Y. App. Div. 1998)

Opinion

July 2, 1998

Appeal from a judgment of the Supreme Court, Sheridan, J.


Petitioner, a prison inmate, has reappeared before the State Board of Parole since the parole release hearing giving rise to this appeal and his request for parole release has again been denied. In view of petitioner's reappearance before the Board, the instant appeal is now moot and must be dismissed ( see, Matter of Herrera v. New York State Bd. of Parole, 246 A.D.2d 703; Matter of Smith v. Donohue, 243 A.D.2d 797). Nevertheless, were we to consider the merits of the petition, we would find that the Board's April 1997 determination was neither arbitrary nor capricious and is supported by substantial evidence in the record.

Mikoll, J. P., Mercure, White, Spain and Graffeo, JJ., concur.

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

Matter of Keating v. Div. of Parole

Appellate Division of the Supreme Court of New York, Third Department
Jul 2, 1998
252 A.D.2d 635 (N.Y. App. Div. 1998)
Case details for

Matter of Keating v. Div. of Parole

Case Details

Full title:In the Matter of JAMES KEATING, Appellant, v. NEW YORK STATE DIVISION OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 2, 1998

Citations

252 A.D.2d 635 (N.Y. App. Div. 1998)
673 N.Y.S.2d 953

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