Matter of Delgado v Evans

Matter of Matter of Delgado v Evans 2014 NY Slip Op 05598 Decided on July 31, 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: July 31, 2014
518254

[*1]In the Matter of DUVEREH DELGADO, Appellant,

v

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

Calendar Date: June 9, 2014
Before: Peters, P.J., Lahtinen, Egan Jr., Lynch and Devine, JJ.

Duvereh Delgado, Woodbourne, 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 (LaBuda, J.), entered November 15, 2013 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 to challenge a 2012 determination of the Board of Parole that denied his request for parole release. Petitioner reappeared before the Board in April 2014, at which time his request for parole release again was denied. The present appeal is thus moot and, inasmuch as we are unpersuaded by petitioner's contention that the exception to the mootness doctrine is applicable, it must be

dismissed (see Matter of Anderson v New York State Bd. of Parole, 113 AD3d 1010, 1010 [2014]; Matter of Hilaire v Board of Parole, 112 AD3d 1263, 1264 [2013]).

Peters, P.J., Lahtinen, Egan Jr., Lynch and Devine, JJ., concur.

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