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MATTER OF MARCELIN v. EVANS

510678.

86 A.D.3d 880 (2011)

927 N.Y.S.2d 613

2011 NY Slip Op 6053

In the Matter of HARVEY MARCELIN, Appellant, v. ANDREA W. EVANS, as CHAIR of the New York State Division of Parole, Respondent.

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

Decided July 28, 2011.

Petitioner commenced this CPLR article 78 proceeding challenging a June 2009 determination of the Board of Parole denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before the Board in May 2011 at which time his request for parole release was again denied. In view of this, and finding that the exception to the mootness doctrine is not applicable (see Matter of Hearst...

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