IN RE: STACY JACKSON

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

IN RE: STACY JACKSON, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

516746

Decided: April 24, 2014

Before:  Peters, P.J., Stein, Garry and Rose, JJ. Stacy Jackson, Comstock, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Victor Paladino of counsel), for respondent.

MEMORANDUM AND ORDER

Calendar Date:  February 25, 2014

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered April 18, 2013 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 a September 2011 determination of the Board of Parole denying his request for parole release and ordering his next appearance in 24 months.   The Attorney General has advised this Court that petitioner reappeared before the Board on August 20, 2013 and his request for parole release was again denied.   In view of this, the appeal is now moot and must be dismissed (see Matter of Marcelin v. Evans, 108 AD3d 979 [2013], lv denied 22 NY3d 855 [2013] ).

Peters, P.J., Stein, Garry and Rose, JJ., concur.

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

ENTER:

Robert D. Mayberger

Clerk of the Court

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