Matter of Escobar v. New York State Board of Parole
Cases that cite this one
2 later published cases cite this decision.
- Matter of Muggelberg v. New York State Bd. of Parole (Appellate Division of the Supreme Court of New York 2018)
- Matter of Gourdine v. New York State Bd. of Parole (Appellate Division of the Supreme Court of New York 2017)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
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]).
Ordered that the appeal is dismissed, as moot, without costs.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.