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In re Evans

Appellate Division of the Supreme Court of New York, Third Department
May 19, 2011
84 A.D.3d 1599 (N.Y. App. Div. 2011)

Opinion

No. 510288.

May 19, 2011.

Appeal from a judgment of the Supreme Court (McGrath, J.), entered August 5, 2010 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.

Ronald Davidson, Wallkill, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (Frank Brady of counsel), for respondent.

Before: Peters, J.P., Lahtinen, Kavanagh, Stein and Garry, JJ.


Petitioner commenced this CPLR article 78 proceeding challenging a 2009 decision of the Board of Parole, later affirmed upon administrative appeal, that denied his request for parole release. Inasmuch as he reappeared before the Board in April 2011 and was again denied parole release, the present appeal must be dismissed as moot ( see Matter of Perkins v New York State Div. of Parole, 80 AD3d 1045, 1045-1046; Matter of Borcsok v New York State Bd. of Parole, 76 AD3d 1167).

Ordered that the appeal is dismissed, as moot, without costs.


Summaries of

In re Evans

Appellate Division of the Supreme Court of New York, Third Department
May 19, 2011
84 A.D.3d 1599 (N.Y. App. Div. 2011)
Case details for

In re Evans

Case Details

Full title:In the Matter of RONALD DAVIDSON, Appellant, v. ANDREA W. EVANS, as Chair…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: May 19, 2011

Citations

84 A.D.3d 1599 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 4129
922 N.Y.S.2d 830

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