Suarez v. Fischer, 112 A.D.3d 1344 (N.Y. App. Div. 2013). · Go Syfert
Search
Suarez v. Fischer, 112 A.D.3d 1344 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Thompson (nyappdiv, 2017-02-03)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Thompson
N.Y. App. Div. · 2017 · confidence medium
The decision whether to grant a mistrial is a matter for the discretion of the trial court (see People v Ortiz, 54 NY2d 288, 292 [1981]; People v Rodriguez, 112 AD3d 1344, 1345 [2013]), and we conclude that the court acted within its discretion in denying the motion and instead directing the jury to resume deliberations (see CPL 310.50 [2]).
discussed Cited as authority (rule) People v. Thompson
N.Y. App. Div. · 2017 · confidence medium
The decision whether to grant a mistrial is a matter for the discretion of the trial court (see People v Ortiz, 54 NY2d 288, 292 [1981]; People v Rodriguez, 112 AD3d 1344, 1345 [2013]), and we conclude that the court acted within its discretion in denying the motion and instead directing the jury to resume deliberations (see CPL 310.50 [2]).
discussed Cited as authority (rule) Raffiani v. Fischer
N.Y. App. Div. · 2014 · confidence medium
Because petitioner has again appeared before the Parole Board during the pendency of this appeal, and was again denied release to community supervision, we dismiss the appeal as moot (see Matter of Suarez v Fischer, 112 AD3d 1344, 1344 [2013]; Matter of Sanchez v Evans, 111 AD3d 1315, 1315 [2013]).
discussed Cited as authority (rule) Raffiani v. Fischer
N.Y. App. Div. · 2014 · confidence medium
Because petitioner has again appeared before the Parole Board during the pendency of this appeal, and was again denied release to community supervision, we dismiss the appeal as moot (see Matter of Suarez v Fischer, 112 AD3d 1344, 1344 [2013]; Matter of Sanchez v Evans, 111 AD3d 1315, 1315 [2013]).
Retrieving the full opinion text from the archive…
In the Matter of Armand Suarez
v.
Brian Fischer, Commissioner, New York State Department of Corrections and Community Supervision
Appellate Division of the Supreme Court of the State of New York.
Dec 27, 2013.
112 A.D.3d 1344
Cited by 3 opinions  |  Published

Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered July 26, 2012 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition seeking to annul the Parole Board’s determination denying him parole release. We conclude that the “appeal must be dismissed as moot because the determination expired during the pendency of this appeal, and the Parole Board denied petitioner’s subsequent request for parole release” (Matter of Robles v Evans, 100 AD3d 1455, 1455 [2012] [internal quotation marks omitted]). Present — Smith, J.P, Fahey, Garni, Valentino and Whalen, JJ.