Matter of Beltran v New York State Bd. of Parole

Matter of Beltran v New York State Bd. of Parole 2013 NY Slip Op 02617 Decided on April 18, 2013 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: April 18, 2013
514388

[*1]In the Matter of AUDEL BELTRAN, Appellant,

v

NEW YORK STATE BOARD OF PAROLE, Respondent.

Calendar Date: February 25, 2013
Before: Mercure, J.P., Stein, Spain and McCarthy, JJ.


Audel Beltran, Woodbourne, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany
(Frank K. Walsh of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Feldstein, J.), entered March 15, 2012 in Franklin 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 January 2011 determination of respondent denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before respondent in December 2012, at which time he was granted an open parole release date of March 7, 2013. In view of this, the appeal must be dismissed as moot (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]).

Mercure, J.P., Stein, Spain and McCarthy, JJ., concur.

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