Matter of Isaac v. Stanford

Appeal from a judgment of the Supreme Court (Nichols, J.), entered July 8, 2014 in Columbia County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner is currently serving a sentence of 2V2 to 5 years in prison upon his conviction of burglary in the third degree. He commenced this CPLR article 78 proceeding challenging a March 2013 decision of the Board of Parole denying his request for parole release. Respondent moved to dismiss the petition on the ground that, among others, the proceeding was moot given the Board’s subsequent…