Opinion
2012-12-27
In the Matter of Samuel HAMILTON, Appellant, v. NEW YORK STATE DIVISION OF PAROLE et al., Respondents.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York City (Moira Kim Penza of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondents.
Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York City (Moira Kim Penza of counsel), for appellant.Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondents.
Before: PETERS, P.J., ROSE, LAHTINEN, and GARRY, JJ.
, J.
Appeal from a judgment of the Supreme Court (Platkin, J.), entered March 16, 2012 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.
Petitioner commenced this CPLR article 78 proceeding challenging a determination of the Board of Parole rendered in November 2010 which denied his request for parole release and ordered him held for an additional 24 months. The Attorney General has advised this Court that petitioner reappeared before the Board and his request for parole release was again denied. In view of his reappearance, the instant appeal must be dismissed as moot ( see Matter of Rodriguez v. Evans, 98 A.D.3d 1214, 950 N.Y.S.2d 922 [2012];Matter of Harris v. New York State Bd. of Parole, 91 A.D.3d 1010, 936 N.Y.S.2d 579 [2012] ).
There is no indication in the record that petitioner requested that his reappearance be deferred pending the disposition of this appeal.
ORDERED that the appeal is dismissed, as moot, without costs.
PETERS, P.J., ROSE, LAHTINEN and GARRY, JJ., concur.