Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

In re Cruz

Supreme Court of New York, Third Department

September 19, 2013

In the Matter of GREGORIO CRUZ, Appellant,
v.
NEW YORK STATE BOARD OF PAROLE, Respondent.

Calendar Date: July 29, 2013

Gregorio Cruz, Malone, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.

Before: Rose, J.P., Lahtinen, Spain and Egan Jr., JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Cahill, J.), entered May 22, 2012 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.

Petitioner commenced this CPLR article 78 proceeding challenging a July 2010 determination of respondent denying his request for parole release and requesting a de novo hearing. Supreme Court dismissed the petition and petitioner appeals. The Attorney General has advised this Court that petitioner reappeared before respondent in July 2012, at which time he was again denied parole release. Given this, the appeal must be dismissed as moot (see Matter of Lopez v Evans, 102 A.D.3d 1029, 1030 [2013]; Matter of Abreu v State of New York Board of Parole, 101 A.D.3d 1214 [2012]).

Rose, J.P., Lahtinen, Spain and Egan Jr., JJ., concur.

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


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.