Matter of Escobar v. New York State Board of Parole

Appellate Division of the Supreme Court of New York

Matter of Escobar v. New York State Board of Parole

145 A.D.3d 1284, 41 N.Y.S.3d 921

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 2016·No. 522475·Published·Cited by 2 cases

Opinion

Appeal from a judgment of the Supreme Court (LaBuda, J.), entered January 25, 2016 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

Petitioner was convicted, upon his guilty plea, of murder in the second degree and sentenced to 17 years to life in prison. He is a native of El Salvador and is subject to a deportation *1285 order. In November 2014, petitioner made his first appearance before respondent seeking to be released to parole supervision. Respondent denied his request and ordered him to be held for an additional 24 months, which was upheld on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding and, following joinder of issue, Supreme Court dismissed the petition. Petitioner now appeals.

This Court has confirmed that, while this appeal was pending, petitioner reappeared before respondent and was again denied parole release. As a result, this appeal is now moot and must be dismissed (see Matter of Thompson v Department of Corn & Community Supervision, 140 AD3d 1516, 1516 [2016]; Matter of Walker v Annucci, 138 AD3d 1334, 1334 [2016]).

Peters, P.J., Egan Jr., Lynch, Devine and Clark, JJ., concur.

Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (LaBuda, J.), entered January 25, 2016 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request for parole release.

Petitioner was convicted, upon his guilty plea, of murder in the second degree and sentenced to 17 years to life in prison. He is a native of El Salvador and is subject to a deportation *1285 order. In November 2014, petitioner made his first appearance before respondent seeking to be released to parole supervision. Respondent denied his request and ordered him to be held for an additional 24 months, which was upheld on administrative appeal. Petitioner then commenced this CPLR article 78 proceeding and, following joinder of issue, Supreme Court dismissed the petition. Petitioner now appeals.

This Court has confirmed that, while this appeal was pending, petitioner reappeared before respondent and was again denied parole release. As a result, this appeal is now moot and must be dismissed (see Matter of Thompson v Department of Corn & Community Supervision, 140 AD3d 1516, 1516 [2016]; Matter of Walker v Annucci, 138 AD3d 1334, 1334 [2016]).

Peters, P.J., Egan Jr., Lynch, Devine and Clark, JJ., concur.

Ordered that the appeal is dismissed, as moot, without costs.

Matter of Escobar v. New York State Board of Parole, 145 A.D.3d 1284, 41 N.Y.S.3d 921 (N.Y. Ct. App. 2016).

Pincite

145 A.D.3d 1284 (Matter of Escobar v. New York State Board of Parole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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