Rodriguez v. Evans, 98 A.D.3d 1214 (N.Y. App. Div. 2012). · Go Syfert
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Rodriguez v. Evans, 98 A.D.3d 1214 (N.Y. App. Div. 2012). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of Minckler v. Sullivan County (nyappdiv, 2023-05-18)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Minckler v. Sullivan County
N.Y. App. Div. · 2023 · confidence medium
Accordingly, substantial evidence supports each of the charges for which petitioner was ultimately found guilty ( see Matter of Salatel v New York State Police , 98 AD3d 1214, 1216 [3d Dept 2012]; Matter of Bayer v New York State Dept. of Labor , 28 AD3d 865, 867 [3d Dept 2006]; Matter of Wade v Town of Ticonderoga Town Bd. , 256 AD2d 860, 861 [3d Dept 1998], lv denied 93 NY2d 804 [1999]).
discussed Cited "see, e.g." Matter of Lyons v. Superintendent of State Police, Joseph D'Amico
N.Y. App. Div. · 2015 · signal: see also · confidence medium
In light of findings of repeated false statements where the underlying matter implicated missing evidence, together with the failure to accept responsibility even when confronted with contrary documentary proof, we cannot say that the penalty shocks our sense of fairness (see id. at 1388 ; see also Matter of Salatel v New York State Police, 98 AD3d 1214, 1216 [2012]).
Retrieving the full opinion text from the archive…
In the Matter of Marcelo Rodriguez
v.
Andrea W. Evans, as Chair of the New York State Division of Parole
Appellate Division of the Supreme Court of the State of New York.
Sep 27, 2012.
98 A.D.3d 1214
McCarthy.
Cited by 2 opinions  |  Published
— McCarthy, J.

Appeal from a judgment of the Supreme Court (Melkonian, J.), entered December 28, 2011 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner’s request for parole release.

Petitioner commenced this CPLR article 78 proceeding challenging a determination of the Board of Parole rendered in May 2010 which denied his request for parole release and ordered him held for an additional 24 months. The Attorney General has advised this Court that petitioner reappeared before the Board in May 2012 and his request for parole release was again denied. In view of his reappearance, the instant appeal must be dismissed as moot (see Matter of Harris v New York State Bd. of Parole, 91 AD3d 1010 [2012]; Matter of Russo v New York State Div. of Parole, 89 AD3d 1305 [2011]).

Peters, EJ., Rose, Spain and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.