Matter of Franklin v New York State Bd. of Parole Appeals Unit

Matter of Franklin v New York State Bd. of Parole Appeals Unit 2013 NY Slip Op 07543 Decided on November 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: November 14, 2013
516745

[*1]In the Matter of FREDERICK FRANKLIN, Appellant,

v

NEW YORK STATE BOARD OF PAROLE APPEALS UNIT, Respondent.

Calendar Date: September 18, 2013
Before: Stein, J.P., McCarthy, Spain and Egan Jr., JJ.


Frederick Franklin, Malone, 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 (Lynch, J.), entered September 5, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent's motion to dismiss the proceeding.

Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent rendered in February 2011, which denied his request for parole release and ordered his next appearance in 24 months. Supreme Court granted respondent's motion to dismiss the proceeding as time-barred, prompting this appeal.

The Attorney General has advised this Court that petitioner reappeared before the Board on March 5, 2013 and his request for parole release was again denied. In view of this, and finding that the exception to the mootness doctrine is not applicable, we conclude that the appeal must be dismissed as moot (see Matter of Griffin v Evans, 105 AD3d 1221, 1222 [2013]; Matter of Lopez v Evans, 102 AD3d 1029, 1030 [2013]).

Stein, J.P., McCarthy, Spain and Egan Jr., JJ., concur.

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