| Matter of Clark v Evans |
| 2014 NY Slip Op 00392 [113 AD3d 973] |
| January 23, 2014 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Arthur Clark, Appellant, v Andrea Evans, as Chair of the New York State Division of Parole, Respondent. |
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Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for
respondent.
Appeal from a judgment of the Supreme Court (McKeighan, J.), entered October 5, 2012 in Washington 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 an August 2011 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition on the merits and petitioner appealed. The Attorney General has advised this Court that petitioner reappeared before the Board in August 2013 at which time he was granted an open release date. In view of this, the appeal is now moot and must be dismissed (see Matter of Phillips v Lemons, 79 AD3d 1555 [2010]; Matter of Wingate v New York State Div. of Parole, 50 AD3d 1336, 1337 [2008]).
Rose, J.P., Lahtinen, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.