Opinion
3045.
Decided March 4, 2004.
Appeal from order, Supreme Court, New York County (Eileen Bransten, J.), entered October 3, 2002, which denied the petition brought pursuant to CPLR article 78, seeking to annul a determination of the New York State Division of Parole which denied him parole release, and dismissed the proceeding, unanimously dismissed as moot, without costs.
Harold V. Ferguson, Jr., for Petitioner-Appellant.
Nicola N. Grey, for Respondent-Respondent.
Before: Mazzarelli, J.P., Saxe, Friedman, Marlow and Gonzalez, JJ.
The appeal is moot because petitioner appeared before the Parole Board in 2003 and received another hearing, the only relief that petitioner could have received in the event that this Court found merit in his current appeal concerning his denial of parole in 2001 ( see Matter of King v. New York State Division of Parole, 83 N.Y.2d 788; Matter of Patterson v. New York State Division of Parole, 298 A.D.2d 254, lv denied 100 N.Y.2d 501). In any event, we find that the Board properly considered the factors set forth in Executive Law § 259-i.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.