From Casetext: Smarter Legal Research

In re Hough

Appellate Division of the Supreme Court of New York, Third Department
Jan 23, 1997
235 A.D.2d 862 (N.Y. App. Div. 1997)

Opinion

January 23, 1997.

Appeal from a judgment of the Supreme Court (Harris, J.), entered February 2, 1996 in Albany County, which dismissed petitioner's application in a proceeding pursuant to CPLR article 78, to review two determinations of respondent denying petitioner's request for parole.

Before: Cardona, P.J., Mercure, Crew III, Yesawich Jr. and Carpinello, JJ.


Petitioner seeks review of respondent's determinations, dated January 18, 1995 and January 31, 1996, both of which denied his application for release on parole. Petitioner's challenge to the earlier of these determinations was rendered moot and correctly dismissed by Supreme Court after an administrative appeal resulted in the reversal of that determination and remittal for a new parole release hearing. That hearing resulted in the second determination, dated January 31, 1996, which also denied petitioner's application for release on parole. Petitioner's challenge to the latter determination is premature in that his administrative appeal therefrom is currently pending before respondent's Appeals Unit. Hence, petitioner is precluded from seeking review of the January 31, 1996 determination by this Court until his administrative remedies have been exhausted ( see, Matter of La Bounty v Russi, 208 AD2d 1071, appeal dismissed, Iv denied 85 NY2d 889).

Ordered that the judgment is affirmed, without costs.


Summaries of

In re Hough

Appellate Division of the Supreme Court of New York, Third Department
Jan 23, 1997
235 A.D.2d 862 (N.Y. App. Div. 1997)
Case details for

In re Hough

Case Details

Full title:In the Matter of REGINALD HOUGH, Appellant, v. NEW YORK STATE BOARD OF…

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

Date published: Jan 23, 1997

Citations

235 A.D.2d 862 (N.Y. App. Div. 1997)
652 N.Y.S.2d 1016

Citing Cases

Matter of Wilson v. Goord

Petitioner's administrative appeal was pending at the time petitioner commenced this CPLR article 78…

Matter of Moore v. Travis

The Attorney-General has advised this Court that the determination at issue has been annulled and a new…