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In the Matter of Benjamin v. Brian S. Fischer

May 26, 2011

IN THE MATTER OF BENJAMIN SEEGARS, APPELLANT,
v.
BRIAN S. FISCHER, AS COMMISSIONER OF CORRECTIONAL SERVICES, ET AL., RESPONDENTS.



Appeal from a judgment of the Supreme Court (Devine, J.), entered August 23, 2010 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.

The opinion of the court was delivered by: Egan Jr., J.

MEMORANDUM AND ORDER

Calendar Date: April 19, 2011

Before: Peters, J.P., Rose, Malone Jr., Stein and Egan Jr., JJ.

Petitioner commenced this CPLR article 78 proceeding challenging a decision of the Board of Parole denying his request for parole release. Supreme Court dismissed the proceeding following joinder of issue, and petitioner appeals. Inasmuch as petitioner reappeared before the Board in May 2011 and again has been denied parole release, his appeal is dismissed as moot (seeMatter of Perkins v New York State Div. of Parole, 80 AD3d 1045, 1046 [2011]; Matter of Williams v Alexander, 65 AD3d 1412, 1413 [2009]).

Peters, J.P., Rose, Malone Jr. and Stein, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court

20110526

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