Opinion
2013-12-26
In the Matter of Emanuel HILAIRE, Appellant, v. BOARD OF PAROLE, Respondent.
Emanuel Hilaire, Coxsackie, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondent.
Emanuel Hilaire, Coxsackie, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondent.
Appeal from a judgment of the Supreme Court (McDonough, J.), entered March 15, 2013 in Greene 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 February 2012 decision of respondent denying his request for parole release. Supreme Court dismissed the petition and this appeal ensued. The Attorney General has advised this Court that petitioner reappeared before respondent in August 2013, at which time his request for parole release was again denied. Accordingly, the appeal must be dismissed as moot ( see Matter of Griffin v. Evans, 105 A.D.3d 1221, 1222, 963 N.Y.S.2d 755[2013]; Matter of Charlemagne v. Evans, 104 A.D.3d 1012, 1012, 960 N.Y.S.2d 338 [2013] ). Contrary to petitioner's claim, we find that the exception to the mootness doctrine is inapplicable here ( see Matter of Marcelin v. Evans, 108 A.D.3d 979, 979, 968 N.Y.S.2d 816 [2013], lv. denied22 N.Y.3d 855, 978 N.Y.S.2d 114, 1 N.E.3d 316, 2013 WL 6009628 [Nov. 14, 2013]; Matter of Gilsinger v. New York State Div. of Parole, 76 A.D.3d 1130, 1130, 907 N.Y.S.2d 702 [2010] ).
ORDERED that the appeal is dismissed, as moot, without costs. PETERS, P.J., LAHTINEN, McCARTHY and EGAN JR., JJ., concur.