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MATTER OF CLARK v. EVANS

515574

113 A.D.3d 973 (2014)

978 N.Y.S.2d 913

2014 NY Slip Op 392

In the Matter of ARTHUR CLARK, Appellant, v. ANDREA EVANS, as Chair of the New York State Division of Parole, Respondent.

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

Decided January 23, 2014.

Petitioner commenced this CPLR article 78 proceeding to challenge an August 2011 determination of the Board of Parole denying his request for parole release. Supreme Court dismissed the petition on the merits and petitioner appealed. The Attorney General has advised this Court that petitioner reappeared before the Board in August 2013 at which time he was granted an open release date. In view of this, the appeal is now moot and must be dismissed (see Matter of Phillips...

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