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MATTER OF SMITH v. COMMISSIONER OF N.Y. STATE BD. OF PAROLE

530709.

189 A.D.3d 1804 (2020)

133 N.Y.S.3d 923

2020 NY Slip Op 07444

In the Matter of James Smith, Appellant, v. Commissioner of New York State Board of Parole, Respondent.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

James Smith, Collins, appellant pro se.

Letitia James , Attorney General, Albany ( Beezly Kiernan of counsel), for respondent.

Egan Jr., J.P., Clark, Pritzker, Reynolds Fitzgerald and Colangelo, JJ., concur.

Petitioner commenced this CPLR article 78 proceeding challenging a September 2018 determination of the Board of Parole denying his third request for parole release. Supreme Court dismissed the petition and this appeal ensued. The Attorney General has advised this Court that, during the pendency of this appeal, petitioner reappeared before the Board and was denied parole. In view of this, the appeal is now moot and, contrary to petitioner's contention, we find that the exception...

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