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Hynes v. Stanford

Appellate Division of the Supreme Court of the State of New York
Mar 16, 2017
2017 N.Y. Slip Op. 1929 (N.Y. App. Div. 2017)

Opinion

522862

03-16-2017

In the Matter of CHRISTOPHER HYNES, Appellant, v. TINA M. STANFORD, as Chair of the Board of Parole, Respondent.

Christopher Hynes, Alden, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondent.


Before: Garry, J.P., Lynch, Devine, Clark and Mulvey, JJ.

Christopher Hynes, Alden, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Ferriera, J.), entered January 8, 2016 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.

Petitioner commenced this CPLR article 78 proceeding challenging a July 2014 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition and petitioner appeals. This Court has confirmed that petitioner reappeared before the Board in January 2017 at which time he was again denied parole release. As such, the appeal is moot and, as the narrow exception to the mootness doctrine is inapplicable, it must be dismissed (see Matter of Walker v Annucci, 138 AD3d 1334, 1334 [2016]).

Garry, J.P., Lynch, Devine, Clark and Mulvey, JJ., concur.

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


Summaries of

Hynes v. Stanford

Appellate Division of the Supreme Court of the State of New York
Mar 16, 2017
2017 N.Y. Slip Op. 1929 (N.Y. App. Div. 2017)
Case details for

Hynes v. Stanford

Case Details

Full title:In the Matter of CHRISTOPHER HYNES, Appellant, v. TINA M. STANFORD, as…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Mar 16, 2017

Citations

2017 N.Y. Slip Op. 1929 (N.Y. App. Div. 2017)