Matter of Campos v Evans

Matter of Campos v Evans 2014 NY Slip Op 08542 Decided on December 4, 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: December 4, 2014
518928

[*1]In the Matter of GENARO CAMPOS, Appellant,

v

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

Calendar Date: October 21, 2014
Before: Stein, J.P., McCarthy, Rose, Lynch and Clark, JJ.

Genaro Campos, Yonkers, 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 (Ferreira, J.), entered May 9, 2014 in Albany 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.

After his request for parole release was denied in September 2012, petitioner commenced the present CPLR article 78 proceeding. He now appeals from Supreme Court's dismissal of the petition. Petitioner reappeared before the Board of Parole in August 2014, however, and was granted an open release date. Thus, the appeal is moot and must be dismissed (see Matter of Irving v Evans, 120 AD3d 1502, 1502 [2014]; Matter of Clark v Evans, 113 AD3d 973, 973 [2014]).

Stein, J.P., McCarthy, Rose, Lynch and Clark, JJ., concur.

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