MatterofIrvingvEvans

Opinion

State of New York Supreme Court, Appellate Division Third Judicial Department Decided and Entered: September 18, 2014 518600 ________________________________

In the Matter of LEON IRVING, Appellant, v MEMORANDUM AND ORDER

ANDREA EVANS, as Chair of the Division of Parole, Respondent. ________________________________

Calendar Date: August 4, 2014

Before: Stein, J.P., McCarthy, Rose, Egan Jr. and Devine, JJ.

__________

Leon Irving, Marcy, appellant pro se.

Eric T. Schneiderman, Attorney General, Albany (William E. Storrs of counsel), for respondent.

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered April 4, 2014 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.

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, 113 AD3d 973, 973 [2014]; Matter of Beltran v New York State Bd. of Parole, 105 AD3d 1224, 1224-1225 [2013]). -2- 518600

Stein, J.P., McCarthy, Rose, Egan Jr. and Devine, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court