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In the Matter of Carlos Abreu v. State of New York Board of

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


December 6, 2012

IN THE MATTER OF CARLOS ABREU, APPELLANT,
v.
STATE OF NEW YORK BOARD OF PAROLE, RESPONDENT.

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered May 15, 2012 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: October 29, 2012

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

Petitioner commenced this CPLR article 78 proceeding challenging an October 2010 determination of respondent denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before respondent in July 2012 at which time his request for parole release was again denied. In view of this, the appeal must be dismissed as moot (see Matter of Harris v New York State Bd. of Parole, 91 AD3d 1010 [2012]; Matter of Russo v New York State Div. of Parole, 89 AD3d 1305 [2011]).

Mercure, J.P., Rose, Kavanagh, Stein and McCarthy, JJ., concur.

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

ENTER:

Robert D. Mayberger Clerk of the Court

20121206

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