Appellate Division of the Supreme Court of New York, 1982

Miller v. Coughlin

Appellate Division of the Supreme Court of New York · Decided March 25, 1982

87 A.D.2d 728; 450 N.Y.S.2d 443; 1982 N.Y. App. Div. LEXIS 16069

Cases that cite this one

1 later published case cites this decision.

Volin v. Goord (Appellate Division of the Supreme Court of New York 1998)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal from a judgment of the Supreme Court at Special Term (Shea, J.), entered May 19, 1981 in Clinton County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination denying petitioner’s request for temporary release. Since petitioner has been released on parole, the issue presented by this appeal is moot, and in view of the unique factual pattern presented here, particularly the existence of both a notice of approval and a notice of disapproval of petitioner’s request for temporary release, no recurrent issue of public interest has been presented. Accordingly, the appeal must be dismissed. Appeal dismissed, without costs. Kane, J. P., Main, Casey, Mikoll and Yesawich, Jr., JJ., concur.

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