From Casetext: Smarter Legal Research

People ex Rel. Melendez v. McLaughlin

Appellate Division of the Supreme Court of New York, Third Department
Jun 29, 2006
30 A.D.3d 922 (N.Y. App. Div. 2006)

Opinion

98865.

June 29, 2006.

Appeal from a judgment of the County Court of Columbia County (Czajka, J.), entered July 7, 2005, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 70, after a hearing.

Angel Melendez, New York City, appellant pro se.

Eliot Spitzer, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.

Before: Mercure, J.P., Crew III, Spain and Mugglin, JJ., concur.


After petitioner was released to parole supervision, he was charged with violating several conditions of his parole. He pleaded guilty to one violation and a 12-month hold was imposed. Petitioner subsequently commenced this CPLR article 70 proceeding, seeking immediate release to parole supervision. As petitioner has since been released to parole supervision and is no longer in custody, this habeas corpus proceeding must be dismissed as moot ( see People ex rel. Schoenwandt v. Travis, 23 AD3d 806 [2005]).

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


Summaries of

People ex Rel. Melendez v. McLaughlin

Appellate Division of the Supreme Court of New York, Third Department
Jun 29, 2006
30 A.D.3d 922 (N.Y. App. Div. 2006)
Case details for

People ex Rel. Melendez v. McLaughlin

Case Details

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

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

Date published: Jun 29, 2006

Citations

30 A.D.3d 922 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5176
816 N.Y.S.2d 914

Citing Cases

People ex rel. Kim v. Smith

We affirm. Inasmuch as petitioner has been released to parole supervision, the instant proceeding—wherein…