Appellate Division of the Supreme Court of New York, 2012

Gallo v. New York State Temporary Release Program

Appellate Division of the Supreme Court of New York · Decided November 15, 2012

100 A.D.3d 1165; 953 N.Y.S.2d 906

Cases that cite this one

4 later published cases cite this decision.

Kagan v. New York State Department of Corrections (Appellate Division of the Supreme Court of New York 2014)
Kagan v. New York State Department of Corrections (Appellate Division of the Supreme Court of New York 2014)
Diaz v. Ledbetter (Appellate Division of the Supreme Court of New York 2013)
Diaz v. Ledbetter (Appellate Division of the Supreme Court of New York 2013)

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 (Zwack, J.), entered November 23, 2011 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

*1166Petitioner commenced this CPLR article 78 proceeding challenging her removal from the temporary work release program. After Supreme Court granted respondents’ pre-answer motion to dismiss the proceeding for failure to exhaust administrative remedies, petitioner sought to appeal to this Court. However, the Attorney General has advised this Court that, as of June 14, 2012, petitioner has been released on parole. “Inasmuch as petitioner is no longer incarcerated and can no longer be affected by the determination denying [her] temporary work release application, this appeal must be dismissed as moot” (Matter of Shell v New York State Dept. of Corrections Temporary Release Program, 26 AD3d 537, 537 [2006] [citations omitted]).

Rose, J.R, Lahtinen, Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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