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Matter of Muhammad v. Recore

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1998
251 A.D.2d 800 (N.Y. App. Div. 1998)

Opinion

June 11, 1998

Appeal from the Supreme Court (Bradley, J.).


While a prison inmate, petitioner commenced this proceeding challenging the March 1997 denial of his application for participation in a temporary release program. Inasmuch as petitioner was released on parole on February 19, 1998, his right to participate in the temporary release program can no longer be affected and this appeal is therefore moot ( see, Matter of Volin v. Goord, 246 A.D.2d 702; Matter of Chandler v. Coughlin, 126 A.D.2d 886). In any event, were we to consider those arguments that have been properly preserved for our review, we would find that respondent appropriately considered petitioner's previous convictions and prior temporary release violation in denying the application ( see, Matter of Roper v. Recore, 222 A.D.2d 911).

White, J. P., Yesawich Jr., Peters, Spain and Graffeo, JJ., concur.

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


Summaries of

Matter of Muhammad v. Recore

Appellate Division of the Supreme Court of New York, Third Department
Jun 11, 1998
251 A.D.2d 800 (N.Y. App. Div. 1998)
Case details for

Matter of Muhammad v. Recore

Case Details

Full title:In the Matter of HASAN MUHAMMAD, Appellant, v. JAMES F. RECORE, as…

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

Date published: Jun 11, 1998

Citations

251 A.D.2d 800 (N.Y. App. Div. 1998)
672 N.Y.S.2d 827

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