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People ex rel. Schmidt v. La Vallee

39 N.Y.2d 886 Court N.Y. Decision date 1976-06-03 English

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p. 886
The People of the State of New York ex rel. Fred Schmidt, Appellant, v J. Edwin La Vallee, as Superintendent of Clinton Correctional Facility, Respondent.
Argued April 30, 1976;
decided June 3, 1976
David F. Kunz for appellant.
Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel) for respondent.
p. 887
Memorandum. Appeal dismissed as moot, without costs.

Since relator has received a parole eligibility hearing it is now academic that he did not receive, as he should have, a prompt final parole revocation hearing (see Matter of Beattie v New York State Bd. of Parole, 39 NY2d 445 ). Hence, the appeal is dismissed as moot. It is not necessary to consider the appropriateness of a habeas corpus proceeding to obtain a parole revocation hearing, because, in any event, relator was lawfully detained on the subsequent criminal charge. This reasoning would result in a dismissal not only of the appeal but also of the proceeding itself, a matter of no practical significance at this time.

Appeal dismissed, without costs, in a memorandum.

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