Matter of Weir v. New York St. Div. of Parole

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

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

Date published: Jun 16, 1994

205 A.D.2d 906 (N.Y. App. Div. 1994)

613 N.Y.S.2d 472

Opinion

June 16, 1994

Appeal from the Supreme Court, Ulster County (Canfield, J.).

White, J.Page 907

Since the hearing giving rise to this appeal, petitioner, who is serving concurrent prison sentences of 7 to 21 years following a conviction for the crimes of attempted murder in the second degree and kidnapping in the second degree, reappeared before the Parole Board on January 26, 1994 and is now being held in custody pursuant to the determination made by the Board after said reappearance. Under these circumstances, this appeal must be dismissed as moot (see, Matter of Gadson v. New York State Div. of Parole, 198 A.D.2d 581; Matter of Israel v. New York State Div. of Parole, 196 A.D.2d 942; Matter of Cunningham v. New York State Bd. of Parole, 190 A.D.2d 922; Matter of Alexander v. Rodriguez, 182 A.D.2d 958). Should we reach the merits, we would find that respondent's determination denying parole is supported by the record and made in accordance with the law, as it was based upon the seriousness of the crimes and their violent nature.

Mercure, J.P., Crew III, Casey and Yesawich Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.