Opinion
2012-11-9
In the Matter of Richard ROBLES, Petitioner–Appellant, v. Andrea W. EVANS, Chairwoman, New York State Division of Parole, Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered June 23, 2011 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition. Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of Counsel), for Respondent–Respondent.
Appeal from a judgment of the Supreme Court, Wyoming County (Mark H. Dadd, A.J.), entered June 23, 2011 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.
Wyoming County–Attica Legal Aid Bureau, Warsaw (Adam W. Koch of Counsel), for Petitioner–Appellant. Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of Counsel), for Respondent–Respondent.
MEMORANDUM:
Petitioner appeals from a judgment dismissing his petition seeking to annul the Parole Board's determination denying him parole release. “This appeal must be dismissed*535as moot because the determination expired during the pendency of this appeal, and the Parole Board denied petitioner's subsequent request for parole release” (Matter of Patterson v. Berbary, 1 A.D.3d 943, 943, 767 N.Y.S.2d 759,appeal dismissed and lv. denied 2 N.Y.3d 731, 778 N.Y.S.2d 452, 810 N.E.2d 904;see Matter of Ansari v. Travis, 9 A.D.3d 901, 901, 779 N.Y.S.2d 386,lv. denied3 N.Y.3d 610, 786 N.Y.S.2d 814, 820 N.E.2d 293).
It is hereby ORDERED that said appeal is unanimously dismissed without costs.