Concepcion v. N.Y. State Bd. of Parole

Full title: IN THE MATTER OF RICARDO CONCEPCION, Appellant, v. NEW YORK STATE BOARD OF…

Court: Appellate Division of the Supreme Court of New York, Third Department

Date published: Apr 3, 2003

304 A.D.2d 878 (N.Y. App. Div. 2003)

756 N.Y.S.2d 800

Opinion

92326

April 3, 2003.

Appeal from a judgment of the Supreme Court (Ceresia Jr., J.), entered July 3, 2002 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 relief.

Ricardo Concepcion, Attica, appellant pro se.

Eliot Spitzer, Attorney General, Albany (Denise A. Hartman of counsel), for respondent.

Before: Cardona, P.J., Crew III, Carpinello, Rose and, Lahtinen, JJ.

MEMORANDUM AND ORDER

Inasmuch as petitioner has reappeared before the Board of Parole since the parole release determination giving rise to this proceeding and his request for parole release was granted, the instant matter is now moot and must be dismissed (see Matter of Bermudez v. New York State Div. of Parole, 281 A.D.2d 673).

Cardona, P.J., Crew III, Carpinello, Rose and Lahtinen, JJ., concur.

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