Matter of Clark v Evans

Matter of Clark v Evans 2014 NY Slip Op 00392 Decided on January 23, 2014 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: January 23, 2014
515574

[*1]In the Matter of ARTHUR CLARK, Appellant,

v

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

Calendar Date: November 25, 2013
Before: Rose, J.P., Lahtinen, McCarthy and Egan Jr., JJ.


Arthur Clark, Comstock, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany
(Laura Etlinger of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (McKeighan, J.), entered October 5, 2012 in Washington 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 to challenge an August 2011 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition on the merits and petitioner appealed. The Attorney General has advised this Court that petitioner reappeared before the Board in August 2013 at which time he was granted an open release date. In view of this, the appeal is now moot and must be dismissed (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]).

Rose, J.P., Lahtinen, McCarthy and Egan Jr., JJ., concur.

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