Opinion
530483
07-30-2020
In the Matter of Larry CRUZ, Appellant, v. Division of Parole, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, Respondent.
Larry Cruz, Woodbourne, appellant pro se. Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent.
Larry Cruz, Woodbourne, appellant pro se.
Letitia James, Attorney General, Albany (Frank Brady of counsel), for respondent.
Before: Egan Jr., J.P., Lynch, Mulvey, Devine and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Schick, J.), entered October 18, 2019 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 appeals from a judgment dismissing his CPLR article 78 petition challenging the denial by the Board of Parole of his fifth request for parole release. The Attorney General has advised this Court that, during the pendency of this appeal, petitioner reappeared before the Board and was denied parole. In view of this, the appeal is now moot and, as the narrow exception to the mootness doctrine is inapplicable, it must be dismissed (see Matter of Adger v. Department of Corr. & Community Supervision, 181 A.D.3d 1120, 1120–1121, 118 N.Y.S.3d 457 [2020] ; Matter of Muggleberg v. New York State Bd. of Parole, 167 A.D.3d 1181, 1181, 87 N.Y.S.3d 915 [2018] ).
ORDERED that the appeal is dismissed, as moot, without costs.
Egan Jr., J.P., Lynch, Mulvey, Devine and Reynolds Fitzgerald, JJ., concur.