Legal Opinion
Marcelin v. Evans
Appellate Division of the Supreme Court of the State of New York
Decided July 28, 2011PublishedCited by 9 opinions
1Opinion of the Court
Petitioner commenced this CPLR article 78 proceeding chai*881lenging a June 2009 determination of the Board of Parole denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before the Board in May 2011 at which time his request for parole release was again denied. In view of this, and finding that the exception to the mootness doctrine is not applicable (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]), the appeal must be dismissed as moot (see Matter of Perkins v New York State Div. of Parole, 80 AD3d 1045, 1045-1046 [2011];…
2Cases cited3 opinions
- Hearst Corp. v. ClyneNew York Court of Appeals · 1980
- Williams v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2009
- Perkins v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by9 opinions
- Griffin v. EvansAppellate Division of the Supreme Court of the State of New York · 2013
- Hodge v. EvansAppellate Division of the Supreme Court of the State of New York · 2013
- Ellison v. EvansAppellate Division of the Supreme Court of the State of New York · 2012
- Burr v. Chairperson, Appeals Unit, Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2012
- Ellison v. EvansAppellate Division of the Supreme Court of the State of New York · 2012
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