Legal Opinion
People ex rel. Frett v. Warden of Rikers Island Correctional Facility
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2006PublishedCited by 2 opinions
1Opinion of the Court
Appeal from order, Supreme Court, Bronx County (Caesar Cirigliano, J.), entered January 24, 2005, which denied petitioner’s application for a writ of habeas corpus and dismissed the petition, unanimously dismissed as moot, without costs.
The appeal claiming procedural errors regarding a preliminary parole revocation hearing was rendered moot by the final hearing determination (People ex rel. Benton v Farsi, 1 AD3d 126 [2003]). Were we to consider petitioner’s claims, we would *473find them waived (see Matter of White v New York State Div. of Parole, 60 NY2d 920, 922 [1983]; cf. People ex rel.…
2Cases cited5 opinions
- White v. New York State Division of ParoleNew York Court of Appeals · 1983
- People ex rel. Melendez v. WardenAppellate Division of the Supreme Court of the State of New York · 1995
- Cold Spring Harbor Area Civic Ass'n v. Suffolk County Department of Health ServicesAppellate Division of the Supreme Court of the State of New York · 2003
- People ex rel. Benton v. FarsiAppellate Division of the Supreme Court of the State of New York · 2003
- People ex rel. Lee v. La PagliaAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- DeFina v. New York State DivisionNew York Supreme Court · 2009
- People ex rel. Rouse v. New York State Division of ParoleNew York Supreme Court · 2008