Opinion
2014-07-31
In the Matter of Duvereh DELGADO, Appellant, v. Andrea D. EVANS, as Chair of the Division of Parole, Respondent.
Duvereh Delgado, Woodbourne, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondent.
Duvereh Delgado, Woodbourne, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondent.
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered November 15, 2013 in Sullivan 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 a 2012 determination of the Board of Parole that denied his request for parole release. Petitioner reappeared before the Board in April 2014, at which time his request for parole release again was denied. The present appeal is thus moot and, inasmuch as we are unpersuaded by petitioner's contention that the exception to the mootness doctrine is applicable, it must be dismissed ( see Matter of Anderson v. New York State Bd. of Parole, 113 A.D.3d 1010, 1010, 978 N.Y.S.2d 923 [2014];Matter of Hilaire v. Board of Parole, 112 A.D.3d 1263, 1264, 976 N.Y.S.2d 898 [2013] ).
ORDERED that the appeal is dismissed, as moot, without costs. PETERS, P.J., LAHTINEN, EGAN JR., LYNCH and DEVINE, JJ., concur.