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People ex rel. Nunez v. New York State Board of Parole

182 A.D.2d 998 Court N.Y. App. Div. Decision date 1992-04-16 English

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p. 998
The People of the State of New York ex rel. Elbis Nunez, Appellant, v New York State Board of Parole, Respondent.

Appeal from a judgment of the County Court of Clinton County (Lewis, J.), entered June 17, 1991, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

Petitioner seeks habeas corpus relief on the ground that respondent failed to comply with the time and notice provisions of Executive Law § 259-i (3) (f) (i) and (iii). As petitioner has been released from custody, he is not entitled to the extraordinary relief afforded under CPLR article 70 (see, People ex rel. Julio v Walters, 58 NY2d 881 ; People ex rel. Kitchen v Sullivan, 121 AD2d 415 ) and his appeal should be dismissed as moot.

Weiss, P. J., Mikoll, Mercure and Crew III, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.