IN RE: Jua SMITH (2025)

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Sherri Brooks–Morton, J.), entered October 21, 2024 in Albany 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 commenced this CPLR article 78 proceeding challenging a December 2023 determination of respondent denying his request for parole release and ordering his next parole appearance in 18 months.  Supreme Court dismissed the petition and this appeal ensued.  The Attorney General has advised this Court that petitioner reappeared before the Board in June 2025, at which time he was granted an open date for parole release.  Accordingly, this appeal is moot and must be dismissed (see Matter of Sanchez v. Stanford, 152 A.D.3d 854, 855, 54 N.Y.S.3d 890 [3d Dept. 2017];  Matter of Chaney v. Stanford, 137 A.D.3d 1396, 1396, 26 N.Y.S.3d 487 [3d Dept. 2016]).

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

Clark, J.P., Lynch, Ceresia, McShan and Powers, JJ., concur.