MATTER OF IRVING v. EVANS

518600

120 A.D.3d 1502 (2014)

992 N.Y.S.2d 452

2014 NY Slip Op 06236

In the Matter of LEON IRVING, Appellant, v. ANDREA EVANS, as Chair of the Division of Parole, Respondent.

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

Decided September 18, 2014.


Petitioner commenced this CPLR article 78 proceeding challenging an August 2012 determination of the Board of Parole that denied his request for parole release and ordered his next appearance in 24 months. He now appeals from Supreme Court's dismissal of the petition. In August 2014, petitioner reappeared before the Board, at which time he was granted an open release date. As a result, the appeal is moot and must be dismissed (see Matter of Clark v Evans,

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