Matter of Franko v Department of Corrections & Community Supervision

Matter of Franko v Department of Corrections & Community Supervision 2015 NY Slip Op 02157 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
519017

[*1]In the Matter of CHRISTOPHER FRANKO, Appellant,

v

DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, BOARD OF PAROLE, Respondent.

Calendar Date: January 20, 2015
Before: Peters, P.J., McCarthy, Egan Jr. and Clark, JJ.

Christopher Franko, Dannemora, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondent.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Ellis, J.), entered March 24, 2014 in Clinton 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 December 2012 determination of respondent that denied his request for parole and ordered his next appearance in 24 months. He now appeals from Supreme Court's dismissal of the petition. The Attorney General has advised this Court that petitioner reappeared before respondent in December 2014 and was again denied parole release. Accordingly, the appeal is now moot and must be dismissed (see Matter of Mance v Evans , 119 AD3d

1316, 1316 [2014]).

Peters, P.J., McCarthy, Egan Jr. and Clark, JJ., concur.

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