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In re Agosta

Appellate Division of the Supreme Court of New York, Third Department
Nov 5, 2009
67 A.D.3d 1086 (N.Y. App. Div. 2009)

Opinion

No. 506627.

November 5, 2009.

Appeal from a judgment of the Supreme Court (Donohue, J.), entered January 27, 2009 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 petitioner's request for parole release.

Reynaldo S. Agosta, Attica, appellant pro se.

Andrew M. Cuomo, Attorney General, Albany (Frank Brady of counsel), for respondent.

Before: Peters, J.P., Spain, Kane, McCarthy and Garry, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a determination of the Board of Parole rendered in August 2007 which denied his request for parole release and ordered him held for an additional 24 months. The Attorney General has advised that petitioner reappeared before the Board in June 2009 and his request for parole release was denied. Based upon petitioner's reappearance before the Board, the instant appeal must be dismissed as moot ( see Matter of Johnson v New York State Div. of Parole, 54 AD3d 464, 464-465, lv denied 11 NY3d 711; Matter of Lebron v Travis, 47 AD3d 1142, 1142, lv denied 10 NY3d 707).

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


Summaries of

In re Agosta

Appellate Division of the Supreme Court of New York, Third Department
Nov 5, 2009
67 A.D.3d 1086 (N.Y. App. Div. 2009)
Case details for

In re Agosta

Case Details

Full title:In the Matter of REYNALDO S. AGOSTA, Appellant, v. GEORGE ALEXANDER, as…

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

Date published: Nov 5, 2009

Citations

67 A.D.3d 1086 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 7899
886 N.Y.S.2d 919

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