Appellate Division of the Supreme Court of New York, 2011

Marcelin v. Evans

Appellate Division of the Supreme Court of New York · Decided July 28, 2011

86 A.D.3d 880; 927 N.Y.2d 613

Cases that cite this one

9 later published cases cite this decision.

Payne v. Evans (Appellate Division of the Supreme Court of New York 2013)
Payne v. Evans (Appellate Division of the Supreme Court of New York 2013)
Hodge v. Evans (Appellate Division of the Supreme Court of New York 2013)
Hodge v. Evans (Appellate Division of the Supreme Court of New York 2013)
Griffin v. Evans (Appellate Division of the Supreme Court of New York 2013)
Griffin v. Evans (Appellate Division of the Supreme Court of New York 2013)
Burr v. Chairperson, Appeals Unit, Division of Parole (Appellate Division of the Supreme Court of New York 2012)
Ellison v. Evans (Appellate Division of the Supreme Court of New York 2012)
Ellison v. Evans (Appellate Division of the Supreme Court of New York 2012)

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

Petitioner commenced this CPLR article 78 proceeding chai*881lenging a June 2009 determination of the Board of Parole denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before the Board in May 2011 at which time his request for parole release was again denied. In view of this, and finding that the exception to the mootness doctrine is not applicable (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]), the appeal must be dismissed as moot (see Matter of Perkins v New York State Div. of Parole, 80 AD3d 1045, 1045-1046 [2011]; Matter of Williams v Alexander, 65 AD3d 1412, 1413 [2009]).

Spain, J.P., Lahtinen, Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs. [Prior Case History: 2010 NY Slip Op 32673(U).]

Case-law data current through December 31, 2025. Source: CourtListener bulk data.