People Ex Rel. Schmidt v. La Vallee
New York Court of Appeals
People Ex Rel. Schmidt v. La Vallee, 39 N.Y.2d 886 (N.Y. 1976)
352 N.E.2d 579; 386 N.Y.S.2d 392; 1976 N.Y. LEXIS 2824
People Ex Rel. Schmidt v. La Vallee
Opinion
*887 Memorandum. Appeal dismissed as moot, without costs.
Since relator has received a parole eligibility hearing it is now academic that he did not receive, as he should have, a prompt final parole revocation hearing (see Matter of Beattie v New York State Bd. of Parole, 39 NY2d 445). Hence, the appeal is dismissed as moot. It is not necessary to consider the appropriateness of a habeas corpus proceeding to obtain a parole revocation hearing, because, in any event, relator was lawfully detained on the subsequent criminal charge. This reasoning would result in a dismissal not only of the appeal but also of the proceeding itself, a matter of no practical significance at this time.
Appeal dismissed, without costs, in a memorandum.
Reference
- Full Case Name
- The People of the State of New York Ex Rel. Fred Schmidt, Appellant, v. J. Edwin La Vallee, as Superintendent of Clinton Correctional Facility, Respondent
- Cited By
- 9 cases
- Status
- Published