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Lewis v. Rosa

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 26, 2010

IN THE MATTER OF JACK LEWIS, APPELLANT,
v.
FELIX ROSA, ETC., RESPONDENT.

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Parole dated March 24, 2008, denying the petitioner's application to be released to parole, the appeal is from a judgment of the Supreme Court, Dutchess County (Pagones, J.), dated April 21, 2009, which denied the petition and dismissed the proceeding.

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.

PETER B. SKELOS, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL and PLUMMER E. LOTT, JJ.

(Index No. 30/09)

DECISION & ORDER

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

In challenging a determination made by the New York State Division of Parole on March 24, 2008, the petitioner alleged that he was entitled to a de novo hearing. Since that time, he has had another parole hearing, and his request for release has been denied. Since he is not being held under the determination he now challenges, this appeal has been rendered academic (see Matter of Flanders v New York State Div. of Parole, 14 AD3d 703; Matter of Lloyd v New York State Div. of Parole, 217 AD2d 548, 549).

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

20100126

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