Matter of Escobar v. New York State Bd. of Parole, 145 A.D.3d 1284 (N.Y. App. Div. 2016). · Go Syfert
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Matter of Escobar v. New York State Bd. of Parole, 145 A.D.3d 1284 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: Matter of Muggelberg v. New York State Bd. of Parole (nyappdiv, 2018-12-13)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Muggelberg v. New York State Bd. of Parole
N.Y. App. Div. · 2018 · confidence medium
As a result, the appeal is now moot and must be dismissed, and the narrow exception to the mootness doctrine is inapplicable ( see Matter of Hynes v Stanford , 148 AD3d 1383, 1383 [2017]; Matter of Escobar v New York State Board of Parole , 145 AD3d 1284, 1285 [2016]).
discussed Cited as authority (rule) Matter of Gourdine v. New York State Bd. of Parole
N.Y. App. Div. · 2017 · confidence medium
Petitioner’s reappearance before respondent in May 2015, at which his request for parole was denied, rendered moot his challenge to respondent’s denial of his prior request for parole in May 2013 (see Matter of Escobar v New York State Bd. of Parole, 145 AD3d 1284, 1285 [2016]; Matter of Almonte v New York State Div. of Parole, 2 AD3d 1239, 1240 [2003], appeals dismissed 2 NY3d 758 [2004]).
Retrieving the full opinion text from the archive…
In the Matter of Juan Escobar, Appellant,
v.
New York State Board of Parole, Respondent
522475.
Appellate Division of the Supreme Court of the State of New York.
Dec 15, 2016.
145 A.D.3d 1284
Peters, Egan, Lynch, Devine, Clark.
Cited by 2 opinions  |  Published

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.