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

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 15, 2016

Docket522475

StatusPublished

Cited by2 cases

This text of 145 A.D.3d 1284 (Matter of Escobar v. New York State Board of Parole) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

Cite This Page — Counsel Stack

Bluebook (online)

145 A.D.3d 1284, 41 N.Y.S.3d 921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-escobar-v-new-york-state-board-of-parole-nyappdiv-2016.

Opinion

Related

Cite This Page — Counsel Stack