Opinion
12-15-2016
In the Matter of Juan ESCOBAR, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.
Juan Escobar, Woodbourne, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Juan Escobar, Woodbourne, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Appeal from a judgment of the Supreme Court (LaBuda, J.), entered January 25, 2016 in Sullivan 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 was convicted, upon his guilty plea, of murder in the second degree and sentenced to 17 years to life in prison. He is a native of El Salvador and is subject to a deportation order. In November 2014, petitioner made his first appearance before respondent seeking to be released to parole supervision. Respondent denied his request and ordered him to be held for an additional 24 months, which was upheld on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding and, following joinder of issue, Supreme Court dismissed the petition. Petitioner now appeals.
This Court has confirmed that, while this appeal was pending, petitioner reappeared before respondent and was again denied parole release. As a result, this appeal is now moot and must be dismissed (see Matter of Thompson v. Department of Corr. & Community Supervision, 140 A.D.3d 1516, 1516, 33 N.Y.S.3d 775 [2016] ; Matter of Walker v. Annucci, 138 A.D.3d 1334, 1334, 28 N.Y.S.3d 640 [2016] ).
ORDERED that the appeal is dismissed, as moot, without costs.
PETERS, P.J., EGAN JR., LYNCH, DEVINE and CLARK, JJ., concur.