Appellate Division of the Supreme Court of New York, 2001

Jhang v. Travis

Appellate Division of the Supreme Court of New York · Decided July 19, 2001

285 A.D.2d 874; 727 N.Y.S.2d 361; 2001 N.Y. App. Div. LEXIS 7524

Cases that cite this one

4 later published cases cite this decision.

Boddie v. New York State Division of Parole (District Court, S.D. New York 2003)
Boddie v. New York State Division of Parole (District Court, S.D. New York 2003)
Boddie v. New York State Division of Parole (District Court, S.D. New York 2003)
Hall v. New York State Division of Parole (Appellate Division of the Supreme Court of New York 2005)

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 *875Court (Lamont, J.), entered December 8, 2000 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.

Petitioner has reappeared before the Board of Parole since the parole release determination giving rise to this proceeding and his request for parole release has again been denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and must be dismissed (see, Matter of Atkins v New York State Bd. of Parole, 273 AD2d 656). Furthermore, we are unpersuaded by petitioner’s assertion that this matter presents an exception to the mootness doctrine (see, Matter of Diaz v Travis, 273 AD2d 568, lv denied 95 NY2d 764).

Mercure, J. P., Crew III, Spain, Carpinello and Rose, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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