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

IN RE: ADRIAN LOPEZ, Appellant, v. TINA STANFORD, as Chair of the Board of Parole, Respondent.


Decided: November 10, 2016

Before:  Peters, P.J., McCarthy, Lynch, Devine and Aarons, JJ. Adrian Lopez, Stormville, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Frederick A. Brodie of counsel), for respondent.


Calendar Date:  September 20, 2016

Appeal from a judgment of the Supreme Court (Cortese, J.), entered February 2, 2016 in Clinton 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 2014 determination of the Board of Parole denying his request for parole release.  Supreme Court dismissed the petition and petitioner appeals.  The Attorney General has advised this Court that petitioner reappeared before the Board in August 2016 at which time he was again denied parole release.  As such, the appeal is dismissed as moot (see Matter of Mance v. Evans, 119 AD3d 1316 [2014];  Matter of Hardwick v New York State Dept. of Parole, 116 AD3d 1332 [2014] ).

Peters, P.J., McCarthy, Lynch, Devine and Aarons, JJ., concur.

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


Robert D. Mayberger

Clerk of the Court

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