Matter of Solimine v. N.Y.S. Bd. of Par

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

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

Date published: Jan 6, 2000

268 A.D.2d 638 (N.Y. App. Div. 2000)

701 N.Y.S.2d 674

Opinion

January 6, 2000

Appeal from a judgment of the Supreme Court (Sheridan, J.), entered March 31, 1999 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.

Frank Solimine, Warwick, appellant in person.

Eliot Spitzer, Attorney-General (Siobhan S. Crary of counsel), Albany, for respondent.

Before: MERCURE, J.P., PETERS, CARPINELLO, GRAFFEO and MUGGLIN, JJ.

MEMORANDUM AND ORDER

Petitioner, a prison inmate, has reappeared before respondent since the original parole release hearing which gave rise to this appeal and parole release was again denied. In light of petitioner's reappearance before respondent, 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 Herrera v. New York State Bd. of Parole, 246 A.D.2d 703). In any event, if we were to examine the merits of the appeal, we would find that respondent's June 1997 determination was supported by substantial evidence.

Mercure, J.P., Peters, Carpinello, Graffeo and Mugglin, JJ., concur.

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