Matter of Harris v New York State Bd. of Parole

Jan 5, 2012
512228
Versions:2012 NY Slip Op 00077
91 AD3d 1010

Franzblau Dratch, P.C., New York City (Brian M. Dratch of counsel), for appellant.

Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.

Appeal from a judgment of the Supreme Court (McGrath, J.), entered November 3, 2010 in Albany 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 commenced this CPLR article 78 proceeding challenging a determination of respondent rendered in November 2009 which denied his request for parole release. The Attorney General has advised this Court that petitioner reappeared before respondent in November 2011 and his request for parole release was again denied. In view of his reappearance, the appeal must be dismissed as moot (see Matter of Agosta v Alexander, 67 AD3d 1086 [2009]; Matter of Johnson v New York State Div. of Parole, 54 AD3d 464, 464-465 [2008], lv denied 11 NY3d 711 [2008]).

Mercure, A.P.J., Lahtinen, Spain, Malone Jr. and Kavanagh, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.