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In the Matter of Anthony Russo v. New York State Division of Parole

State of New York Supreme Court, Appellate Division Third Judicial Department


November 17, 2011

IN THE MATTER OF ANTHONY RUSSO, APPELLANT,
v.
NEW YORK STATE DIVISION OF PAROLE, 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.

MEMORANDUM AND ORDER

Calendar Date: September 28, 2011

Before: Rose, J.P., Kavanagh, Stein, McCarthy and Egan Jr., JJ.

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.

ENTER:

Robert D. Mayberger Clerk of the Court

20111117

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