PEOPLE EX REL. PEREZ v. RICKS


279 A.D.2d 844 (2001)

718 N.Y.S.2d 896

THE PEOPLE OF THE STATE OF NEW YORK ex rel. JOSE PEREZ, Appellant, v. THOMAS RICKS, as Superintendent of New York State Department of Correction, Respondent.

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

Decided January 18, 2001.


Cardona, P. J.

Following an October 1998 hearing at which he was denied release on parole, petitioner commenced this habeas corpus proceeding claiming that the Board of Parole erred in denying his request because he had obtained an order of conditional parole for deportation only. Inasmuch as petitioner reappeared before the Board in October 2000 and his request for parole was again denied, his appeal is now moot and must be dismissed (see, Matter of Estabrook...

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