Opinion
2014-07-31
In the Matter of Victor MANCE, Appellant, v. Andrea W. EVANS, as Chair of the Division of Parole, Respondent.
Victor Mance, Cape Vincent, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Victor Mance, Cape Vincent, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered October 21, 2013 in St. Lawrence 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 April 2012 determination of the Board of Parole that denied his request for parole release. He now appeals from Supreme Court's dismissal of the petition. The Attorney General has advised this Court that petitioner reappeared before the Board in April 2014 and was again denied parole release. The appeal is moot under these circumstances and, as such, must be dismissed ( see Matter of Hardwick v. New York State Dept. of Parole, 116 A.D.3d 1332, 1332, 983 N.Y.S.2d 921 [2014];Matter of Lopez v. Evans, 102 A.D.3d 1029, 1030, 957 N.Y.S.2d 912 [2013] ). Furthermore, the exception to the mootness doctrine is not applicable ( see Matter of Anderson v. New York State Bd. of Parole, 113 A.D.3d 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. LAHTINEN, J.P., STEIN, GARRY, LYNCH and DEVINE, JJ., concur.