State of New York Supreme Court, Appellate Division Third Judicial Department
January 5, 2012
IN THE MATTER OF RUSSELL HARRIS, APPELLANT,
NEW YORK STATE BOARD OF PAROLE, 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.
MEMORANDUM AND ORDER
Calendar Date: November 18, 2011
Before: Mercure, Acting P.J., Lahtinen, Spain, Malone Jr. and Kavanagh, JJ.
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, 1086 ; Matter of Johnson v New York State Div. of Parole, 54 AD3d 464, 464-465 , lv denied 11 NY3d 711 ).
Mercure, Acting P.J., Lahtinen, Spain, Malone Jr. and Kavanagh, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.
Robert D. Mayberger Clerk of the Court
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