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Lasalle v. Parole

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 2008
52 A.D.3d 1071 (N.Y. App. Div. 2008)

Opinion

No. 503426.

June 19, 2008.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered October 10, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.

Samuel LaSalle, Stormville, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Peter H. Schiff of counsel), for respondent.

Before: Mercure, J.P., Carpinello, Lahtinen, Kane and Kavanagh, JJ.


Petitioner commenced this CPLR article 78 proceeding challenging an April 2006 determination of the Board of Parole which denied his request for parole release. Supreme Court granted respondent's motion to dismiss the petition as moot and petitioner now appeals.

The Attorney General has advised this Court that petitioner reappeared before the Board in March 2008 and was again denied parole release and ordered held for an additional 24 months. As such, this appeal must be dismissed as moot ( see Matter of Lebron v Travis, 47 AD3d 1142, lv denied 10 NY3d 707; Matter of Malangone v Dennison, 46 AD3d 1155). Furthermore, contrary to petitioner's contention, the circumstances presented here do not implicate an exception to the mootness doctrine.

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


Summaries of

Lasalle v. Parole

Appellate Division of the Supreme Court of New York, Third Department
Jun 19, 2008
52 A.D.3d 1071 (N.Y. App. Div. 2008)
Case details for

Lasalle v. Parole

Case Details

Full title:In the Matter of SAMUEL LASALLE, Appellant, v. NEW YORK STATE DIVISION OF…

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

Date published: Jun 19, 2008

Citations

52 A.D.3d 1071 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 5607
858 N.Y.S.2d 919

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