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People v. Exe. Depart. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Mar 13, 1997
237 A.D.2d 778 (N.Y. App. Div. 1997)

Opinion

March 13, 1997.

Casey, J. Appeal from a judgment of the Supreme Court (Kane, J.), entered June 7, 1996 in Sullivan County, which converted petitioner's application for a writ of habeas corpus into a proceeding pursuant to CPLR article 78 and dismissed the petition.

Before: Cardona, P.J., Crew III, White and Carpinello, JJ.


Petitioner challenges a determination of respondent Board of Parole, issued December 14, 1994, which denied his request for release on parole and ordered him held for an additional 24 months, with a subsequent parole hearing scheduled for December 1996. Inasmuch as the 24-month period specified in the determination has expired, this appeal is moot ( see, Matter of Alexander v Rodriguez, 182 AD2d 958). In any event, the Board's discretionary release decision was in full accord with all statutory and regulatory requirements ( see, Matter of McKee v New York State Bd. of Parole, 157 AD2d 944, 945).

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


Summaries of

People v. Exe. Depart. State of New York

Appellate Division of the Supreme Court of New York, Third Department
Mar 13, 1997
237 A.D.2d 778 (N.Y. App. Div. 1997)
Case details for

People v. Exe. Depart. State of New York

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ROBERT VINES, Appellant, v…

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

Date published: Mar 13, 1997

Citations

237 A.D.2d 778 (N.Y. App. Div. 1997)
655 N.Y.S.2d 456