Opinion
94560.
Decided and Entered: March 4, 2004.
Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Board of Parole which revoked petitioner's parole.
Michael Thomas, Moravia, petitioner pro se.
Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondent.
Before: Mercure, J.P., Spain, Carpinello, Mugglin and Kane, JJ.
MEMORANDUM AND JUDGMENT
The Attorney General has advised this Court that, by decision dated January 7, 2004, the Board of Parole vacated the revocation of petitioner's parole status which gave rise to this proceeding and ordered his re-release to parole supervision. As noted by the Attorney General, petitioner's release is imminent, and will occur as soon as the necessary administrative procedures, which are underway, are completed. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Concepcion v. New York State Bd. of Parole, 304 A.D.2d 878; People ex rel. Graham v. New York State Dept. of Corrections, 280 A.D.2d 768).
Mercure, J.P., Spain, Carpinello, Mugglin and Kane, JJ., concur.
ADJUDGED that the appeal is dismissed, as moot, without costs.