| Matter of Anderson v New York State Bd. of Parole |
| 2014 NY Slip Op 00552 [113 AD3d 1010] |
| January 30, 2014 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of William Anderson, Appellant, v New York State Board of Parole, Respondent. |
—[*1]
Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel),
for respondent.
Appeal from a judgment of the Supreme Court (Elliott, J.), entered December 7, 2012 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's request for parole release.
Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent which denied his request for parole release and ordered his next appearance in 24 months. The Attorney General has advised this Court that petitioner subsequently reappeared before respondent and his request for parole release was again denied. Accordingly, the appeal is now moot and, inasmuch as the exception to the mootness doctrine is inapplicable, must be dismissed (see Matter of Griffin v Evans, 105 AD3d 1221, 1222 [2013]; Matter of Hodge v Evans, 102 AD3d 1049, 1049 [2013], lv denied 21 NY3d 852 [2013]).
Peters, P.J., Lahtinen, Stein and Garry, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.