Matter of Boyd v Ledbetter

Matter of Boyd v Ledbetter 2015 NY Slip Op 02152 Decided on March 19, 2015 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: March 19, 2015
518141

[*1]In the Matter of MARKEITH BOYD, Appellant,

v

PRISCILLA A. LEDBETTER, as Director of Temporary Release Programs, Respondent.

Calendar Date: January 20, 2015
Before: Garry, J.P., Rose, Devine and Clark, JJ.

Markeith Boyd, New York City, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Jonathan D. Hitsous of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Lynch, J.), entered November 18, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging the January 2013 denial of his application for participation in a temporary work release program. The Attorney General has advised this Court that petitioner has since been released on parole. Inasmuch as petitioner is no longer incarcerated and can no longer be aggrieved, this appeal must be dismissed as moot (see Matter of Shell v New York State Dept. of Corrections Temporary Release Program, 26 AD3d 537, 537 [2006]).

Garry, J.P., Rose, Devine and Clark, JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.