November 14, 2013
PAUL G. KULHA, III, Appellant,
NEW JERSEY STATE PAROLE BOARD, Respondent.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued November 6, 2013
On appeal from the New Jersey State Parole Board, Agency No. SBI 590361D.
Austin D. O'Malley argued the cause for appellant (Hobbie, Corrigan & Bertucio, P.C., attorneys; Edward C. Bertucio, of counsel; Mr. Bertucio and Justin Lee Klein, on the brief).
Christopher C. Josephson, Deputy Attorney General, argued the cause for respondent (John J. Hoffman, Acting Attorney General, attorney; Lisa A. Puglisi, Assistant Attorney General, of counsel; Shirley P. Dickstein, Deputy Attorney General, on the brief).
Before Judges Fisher and Espinosa.
Appellant Paul G. Kulha, III, pleaded guilty to third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2), and was sentenced, on October 31, 2011, to a three-year prison term. At the conclusion of a June 20, 2012 hearing, parole was denied and a twelve-month future eligibility term imposed. Kulha was unsuccessful in seeking relief by administrative appeal to the State Parole Board.
Kulha appealed the Board's final agency determination to this court, arguing the Board incorrectly applied the governing legal principles and made findings unsupported by the record.
At oral argument, the parties advised that Kulha had been released from incarceration during the pendency of this appeal. This event has rendered the appeal moot. See Granata v. N.J. State Parole Bd., 237 N.J.Super. 630, 633 (App. Div. 1990).