IN RE: Efrain J. MUNIZ (1999)

Supreme Court, Appellate Division, Third Department, New York.

IN RE: Efrain J. MUNIZ, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

Decided: September 09, 1999

Before: CREW III, J.P., SPAIN, CARPINELLO, GRAFFEO and MUGGLIN, JJ.

Efrain J. Muniz, Hudson, appellant in person. Eliot Spitzer, Attorney-General (Siobhan S. Crary of counsel), Albany, for respondent.

Appeal from a judgment of the Supreme Court (Kane, J.), entered October 5, 1998 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's request for parole release.

Inasmuch as petitioner, a prison inmate, has reappeared before respondent since the June 1997 parole release hearing that gave rise to this appeal and his request for release was again denied, the instant appeal is moot and must be dismissed (see, Matter of Herrera v. New York State Bd. of Parole, 246 A.D.2d 703, 666 N.Y.S.2d 523).

ORDERED that the appeal is dismissed, as moot, without costs.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network