Opinion
2014-01-30
In the Matter of William ANDERSON, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.
William Anderson, Rome, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
William Anderson, Rome, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Marcus J. Mastracco of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Elliott, J.), entered December 7, 2012 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's request for parole release.
Petitioner commenced this CPLR article 78 proceeding challenging a determination of respondent which denied his request for parole release and ordered his next appearance in 24 months. The Attorney General has advised this Court that petitioner subsequently reappeared before respondent and his request for parole release was again denied. Accordingly, the appeal is now moot and, inasmuch as the exception to the mootness doctrine is inapplicable, must be dismissed ( see Matter of Griffin v. Evans, 105 A.D.3d 1221, 1222, 963 N.Y.S.2d 755 [2013]; Matter of Hodge v. Evans, 102 A.D.3d 1049, 1049, 958 N.Y.S.2d 304 [2013], lv. denied21 N.Y.3d 852, 2013 WL 1760841 [2013] ).
ORDERED that the appeal is dismissed, as moot, without costs. PETERS, P.J., LAHTINEN, STEIN and GARRY, JJ., concur.