PEOPLE EX REL. PORTEE v. NEW YORK STATE DIV. OF PAROLE


199 A.D.2d 561 (1993)

608 N.Y.S.2d 110

The People of the State of New York ex rel., Ricardo Portee, Respondent, v. New York State Division of Parole et al., Appellant, et al., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1993


Ordered that the order is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the warrant is reinstated.

Initially, we note that the conflicting assertions contained in the parties' briefs regarding the status of a subsequent parole revocation proceeding against the petitioner make it impossible to determine whether this appeal is academic.

"When reviewing a determination of the Parole Board to revoke parole, a court may...

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