Matter of Purcell v. New York St. Bd., Parole

Full title: In the Matter of MICHAEL PURCELL, Appellant, v. NEW YORK STATE BOARD OF…

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

Date published: Dec 3, 1998

256 A.D.2d 698 (N.Y. App. Div. 1998)

680 N.Y.S.2d 881

Opinion

December 3, 1998

Appeal from the Supreme Court, Albany County (Bradley, J.).

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding challenging the denial of his application for parole release following an August 21, 1996 Parole Board hearing. The Attorney-General has advised this Court that petitioner reappeared before respondent on August 19, 1998 and his request for parole release was again denied. Consequently, the instant appeal is now moot and must be dismissed ( see Matter of Keating v. New York State Div. of Parole, 252 A.D.2d 635; Matter of Almeyda v. New York State Div. of Parole, 251 A.D.2d 739).

Mikoll, J. P., Crew III, Peters, Spain and Graffeo, JJ., concur.

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