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In the Matter of Mitchell v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Jan 27, 2005
14 A.D.3d 955 (N.Y. App. Div. 2005)

Opinion

94979

January 27, 2005.

Cardona, P.J. Appeal from a judgment of the Supreme Court (Stein, J.), entered October 6, 2003 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.

Before: Crew III, Mugglin, Rose and Kane, JJ., concur.


Petitioner appeared before the Board of Parole in 2002 for a hearing to consider his eligibility for parole release. His application was denied in March 2002, resulting in this CPLR article 78 proceeding.

The Attorney General has advised this Court that petitioner, following a subsequent denial of parole in March 2004, was granted a conditional release and released to parole supervision in October 2004. In view of these events, petitioner's challenge to his 2002 determination is now moot and dismissal of the appeal is required ( see Matter of Hamm v. Regan, 34 NY2d 992, 993; Matter of Eastman v. New York State Bd. of Parole, 247 AD2d 740).

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


Summaries of

In the Matter of Mitchell v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Jan 27, 2005
14 A.D.3d 955 (N.Y. App. Div. 2005)
Case details for

In the Matter of Mitchell v. Travis

Case Details

Full title:In the Matter of WAYMON MITCHELL, Appellant, v. BRION D. TRAVIS, as Chair…

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

Date published: Jan 27, 2005

Citations

14 A.D.3d 955 (N.Y. App. Div. 2005)
787 N.Y.S.2d 918

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