Opinion
11-10-2016
In the Matter of Adrian LOPEZ, Appellant, v. Tina STANFORD, as Chair of the Board of Parole, Respondent.
Adrian Lopez, Stormville, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Frederick A. Brodie of counsel), for respondent.
Adrian Lopez, Stormville, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Frederick A. Brodie of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Cortese, J.), entered February 2, 2016 in Clinton 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 an August 2014 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition and petitioner appeals. The Attorney General has advised this Court that petitioner reappeared before the Board in August 2016 at which time he was again denied parole release. As such, the appeal is dismissed as moot (see Matter of Mance v. Evans, 119 A.D.3d 1316, 989 N.Y.S.2d 924 [2014] ; Matter of Hardwick v. New York State Dept. of Parole, 116 A.D.3d 1332, 983 N.Y.S.2d 921 [2014] ).
ORDERED that the appeal is dismissed, as moot, without costs.
PETERS, P.J., McCARTHY, LYNCH, DEVINE and AARONS, JJ., concur.