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Banks v. Dennison

NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT


December 4, 2008

IN THE MATTER OF MARTIN BANKS, APPELLANT,
v.
ROBERT DENNISON, AS CHAIR OF THE NEW YORK STATE DIVISION OF PAROLE, ET AL., RESPONDENTS.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Calendar Date: October 27, 2008

Before: Cardona, P.J., Spain, Rose, Lahtinen and Malone Jr., JJ.

MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Zwack, J.), entered December 12, 2007 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 petitioner's request for parole release.

Petitioner, who is serving a prison sentence of 15 years to life for his conviction of murder in the second degree, commenced this CPLR article 78 proceeding challenging a September 2005 determination of the Board of Parole denying his request for release to parole supervision. The Attorney General has advised that petitioner reappeared before the Board in December 2007, at which time he was again denied parole release. Accordingly, this appeal must be dismissed as moot (see Matter of Dobranski v Dennison, 53 AD3d 994 [2008]). Contrary to petitioner's contention, we are unpersuaded that this matter presents an exception to the mootness doctrine (see Matter of Malangone v Dennison, 46 AD3d 1155 [2007]).

Cardona, P.J., Spain, Rose, Lahtinen and Malone Jr., JJ., concur.

ORDERED that the appeal is dismissed, as moot, without costs.

20081204

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