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MATTER OF CHARLEMAGNE v. EVANS

514836.

104 A.D.3d 1012 (2013)

960 N.Y.S.2d 338

2013 NY Slip Op 1593

In the Matter of ESTEBAN CHARLEMAGNE, Appellant, v. ANDREA D. EVANS, as Chair of the New York State Division of Parole, Respondent.

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

March 14, 2013.

Petitioner commenced this CPLR article 78 proceeding challenging a December 2010 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition and petitioner appeals.

The Attorney General has advised this Court that petitioner reappeared before the Board in December 2012 and was given an open release date. Accordingly, this appeal is now moot and must be dismissed (see Matter of Church v Evans,

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