Opinion
2012-01-5
In the Matter of Russell HARRIS, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.
Franzblau Dratch, P.C., New York City (Brian M. Dratch of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for respondent.
Franzblau Dratch, P.C., New York City (Brian M. Dratch of counsel), for appellant. Eric T. Schneiderman, Attorney General, Albany (Kathleen M. Treasure of counsel), for 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.
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 A.D.3d 1086, 1086, 886 N.Y.S.2d 919 [2009]; Matter of Johnson v. New York State Div. of Parole, 54 A.D.3d 464, 464–465, 861 N.Y.S.2d 601 [2008], lv. denied 11 N.Y.3d 711, 872 N.Y.S.2d 73, 900 N.E.2d 556 [2008] ).
ORDERED that the appeal is dismissed, as moot, without costs.