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People v. Albaugh

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 916 (N.Y. App. Div. 2000)

Opinion

November 13, 2000.

Appeal from Judgment of Supreme Court, Jefferson County, Gilbert, J. — Habeas Corpus.

PRESENT: PIGOTT, JR., P. J., GREEN, PINE, BALIO AND LAWTON, JJ.


Appeal unanimously dismissed without costs.

Memorandum:

The challenge of petitioner to the preliminary parole revocation hearing was rendered moot by the 1997 determination to revoke his parole following the final parole revocation hearing ( see, People ex rel. McIver v. Murray, 275 A.D.2d 1009 [decided Sept. 29, 2000]; People ex rel. McCummings v. DeAngelo, 259 A.D.2d 794, lv denied 93 N.Y.2d 810; People ex rel. Chavis v. McCoy, 236 A.D.2d 892). The challenges to the 1997 determination and the March 1998 determination denying petitioner release to parole supervision were rendered moot by the March 2000 determination denying petitioner release to parole supervision and directing that he be held for 24 months ( see, People ex rel. Southard v. New York State Div. of Parole, 193 A.D.2d 991). The appeal must therefore be dismissed.


Summaries of

People v. Albaugh

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 2000
277 A.D.2d 916 (N.Y. App. Div. 2000)
Case details for

People v. Albaugh

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK EX REL. LLOYD PENDLETON…

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

Date published: Nov 13, 2000

Citations

277 A.D.2d 916 (N.Y. App. Div. 2000)
715 N.Y.S.2d 355