Opinion
2014-01-23
In the Matter of Arthur CLARK, Appellant, v. Andrea EVANS, as Chair of the New York State Division of Parole, Respondent.
Arthur Clark, Comstock, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondent.
Arthur Clark, Comstock, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondent.
Appeal from a judgment of the Supreme Court (McKeighan, J.), entered October 5, 2012 in Washington 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 to challenge an August 2011 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition on the merits and petitioner appealed. The Attorney General has advised this Court that petitioner reappeared before the Board in August 2013 at which time he was granted an open release date. In view of this, the appeal is now moot and must be dismissed ( see Matter of Phillips v. Lemons, 79 A.D.3d 1555, 912 N.Y.S.2d 920 [2010]; Matter of Wingate v. New York State Div. of Parole, 50 A.D.3d 1336, 1337, 854 N.Y.S.2d 685 [2008] ).
ORDERED that the appeal is dismissed, as moot, without costs. ROSE, J.P., LAHTINEN, McCARTHY and EGAN JR., JJ., concur.