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Lebron v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 2008
56 A.D.3d 1090 (N.Y. App. Div. 2008)

Opinion

No. 504596.

November 26, 2008.

Appeal from a judgment of the Supreme Court (Teresi, J.), entered April 21, 2008 in Albany County, which, in a proceeding pursuant to CPLR article 78, denied petitioner's motion for reconsideration.

Elvin Lebron, Pine City, appellant pro se.

Before: Cardona, P.J., Spain, Lahtinen, Kane and Stein, JJ.


Petitioner commenced this CPLR article 78 proceeding challenging a May 2004 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition. Petitioner thereafter appealed from that judgment and also moved for reconsideration. In connection with the appeal, this Court noted that petitioner reappeared before the Board in July 2006 and, as such, dismissed the appeal as moot ( 47 AD3d 1142, lv denied 10 NY3d 707). With respect to the motion for reconsideration, Supreme Court denied the requested relief. This appeal from Supreme Court's denial of petitioner's motion for reconsideration ensued.

Inasmuch as petitioner's challenge to the Board's May 2004 determination has already been decided ( id.), the issue of whether Supreme Court should have granted petitioner's motion for reconsideration is academic ( see Thibeault v Travelers Ins. Co., 37 AD3d 1000, 1001). Accordingly, this appeal is dismissed.

Ordered that the appeal is dismissed, without costs.


Summaries of

Lebron v. Travis

Appellate Division of the Supreme Court of New York, Third Department
Nov 26, 2008
56 A.D.3d 1090 (N.Y. App. Div. 2008)
Case details for

Lebron v. Travis

Case Details

Full title:IN THE MATTER OF ELVIN LEBRON, Appellant, v. BRION D. TRAVIS, as Chair of…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 26, 2008

Citations

56 A.D.3d 1090 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 9321
867 N.Y.S.2d 362