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Gonzalez v. Dep't of Corr. & Cmty. Supervision

Supreme Court, Appellate Division, Third Department, New York.
Jun 20, 2013
107 A.D.3d 1283 (N.Y. App. Div. 2013)

Opinion

2013-06-20

In the Matter of Michael GONZALEZ, Appellant, v. DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.

Michael Gonzalez, Gowanda, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of counsel), for respondent.



Michael Gonzalez, Gowanda, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of counsel), for respondent.
Before: PETERS, P.J., ROSE, LAHTINEN and McCARTHY, JJ.

Appeal from a judgment of the Supreme Court (McGrath, J.), entered October 26, 2012 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision withholding petitioner's good time allowance.

Petitioner was previously convicted of vehicular manslaughter in the second degree, driving while intoxicated and other crimes ( People v. Gonzalez, 239 A.D.2d 931, 659 N.Y.S.2d 591 [1997],lv. denied90 N.Y.2d 893, 662 N.Y.S.2d 436, 685 N.E.2d 217 [1997] ). Most recently, he was incarcerated at Gowanda Correctional Facility in Erie County. Petitioner commenced this CPLR article 78 proceeding challenging the recommendation of the Time Allowance Committee (hereinafter TAC) that his entire good time allowance be withheld inasmuch as he must, among other things, complete an alcohol and substance abuse treatment program. Supreme Court dismissed the amended petition, prompting this appeal.

The Attorney General has informed this Court that, during the pendency of this appeal, petitioner reappeared before the TAC, at which time a portion of his good time was restored and he was conditionally released to parole supervision. In light of petitioner's reappearance before the TAC, his challenge to the prior determination has been rendered moot and this appeal must be dismissed ( see Matter of Staples v. Goord, 263 A.D.2d 943, 943–944, 695 N.Y.S.2d 190 [1999],lv. denied94 N.Y.2d 755, 701 N.Y.S.2d 711, 723 N.E.2d 566 [1999] ).

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


Summaries of

Gonzalez v. Dep't of Corr. & Cmty. Supervision

Supreme Court, Appellate Division, Third Department, New York.
Jun 20, 2013
107 A.D.3d 1283 (N.Y. App. Div. 2013)
Case details for

Gonzalez v. Dep't of Corr. & Cmty. Supervision

Case Details

Full title:In the Matter of Michael GONZALEZ, Appellant, v. DEPARTMENT OF CORRECTIONS…

Court:Supreme Court, Appellate Division, Third Department, New York.

Date published: Jun 20, 2013

Citations

107 A.D.3d 1283 (N.Y. App. Div. 2013)
107 A.D.3d 1283
2013 N.Y. Slip Op. 4674

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