| Matter of Russo v New York State Div. of Parole |
| 2011 NY Slip Op 08260 [89 AD3d 1305] |
| November 17, 2011 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| In the Matter of Anthony Russo, Appellant, v New York State Division of Parole, Respondent. |
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Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Arnold of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Teresi, J.), entered March 9, 2011 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying his request for parole release.
Petitioner commenced this CPLR article 78 proceeding challenging a September 2009 determination of the Board of Parole denying his request for parole release. Petitioner, however, has reappeared before the Board and the appeal is now moot (see Matter of Davidson v Alexander, 67 AD3d 1219, 1219 [2009]; Matter of Bermudez v New York State Div. of Parole, 281 AD2d 673 [2001]). Accordingly, it must be dismissed.
Rose, J.P., Kavanagh, Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.