MATTER OF CAULDWELL v. RUSSI


216 A.D.2d 626 (1995)

627 N.Y.S.2d 578

In the Matter of Cornwell Cauldwell, Appellant, v. Raul Russi, as Chairman of The New York State Division of Parole, Respondent

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

June 1, 1995


Petitioner has reappeared before the State Board of Parole since the parole release hearing giving rise to this appeal and his request for release on parole has again been denied. Consequently, the instant appeal is now moot and must be dismissed. Nevertheless, were we to consider the merits, we would find that the determination denying petitioner release on parole at the prior hearing is not arbitrary or capricious and is supported by substantial evidence in the record....

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