Matter of Charlemagne v Evans

Matter of Charlemagne v Evans 2013 NY Slip Op 01593 Decided on March 14, 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: March 14, 2013
514836

[*1]In the Matter of ESTEBAN CHARLEMAGNE, Appellant,

v

ANDREA D. EVANS, as Chair of the New York State Division of Parole, Respondent.

Calendar Date: January 24, 2013
Before: Mercure, J.P., Rose, McCarthy and Garry, JJ.


Esteban Charlemagne, Woodbourne, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany
(Marcus J. Mastracco of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered April 20, 2012 in Sullivan 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 challenging a December 2010 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition and petitioner appeals.

The Attorney General has advised this Court that petitioner reappeared before the Board in December 2012 and was given an open release date. Accordingly, this appeal is now moot and must be dismissed (see Matter of Church v Evans, 98 AD3d 1152, 1152 [2012]; Matter of Phillips v Lemons, 79 AD3d 1555, 1555 [2010]).

Mercure, J.P., Rose, McCarthy and Garry, JJ., concur.

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