Opinion
2012-02-9
In the Matter of Injah TAFARI, Appellant, v. Andrea W. EVANS, as Chair of the Division of Parole, et al., Respondents.
Injah Tafari, Malone, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Injah Tafari, Malone, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondents.
Appeal from a judgment of the Supreme Court (Feldstein, J.), entered June 9, 2011 in Franklin 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 brought this CPLR article 78 proceeding challenging a February 2010 determination of the Board of Parole denying his request for parole release. Supreme Court subsequently dismissed the petition, concluding that petitioner's resentencing on a 2008 crime rendered his particular claims effectively moot. Petitioner appealed. The Attorney General has advised this Court that petitioner reappeared before the Board in May 2011—prior to issuance of Supreme Court's judgment—at which time his request for parole release was again denied. In view of this, and given that petitioner has received all the relief to which he is entitled, the petition was properly dismissed ( see Matter of Seegars v. Fischer, 84 A.D.3d 1653, 923 N.Y.S.2d 374 [2011], lv. denied 17 N.Y.3d 711, 2011 WL 4389156 [2011]; Matter of Johnson v. New York State Div. of Parole, 54 A.D.3d 464, 464–465, 861 N.Y.S.2d 601 [2008], lv. denied 11 N.Y.3d 711, 872 N.Y.S.2d 73, 900 N.E.2d 556 [2008] ).
ORDERED that the judgment is affirmed, without costs.