Opinion
96838.
March 2, 2006.
Appeal from a judgment of the Supreme Court (Clemente, J.), entered September 8, 2004 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying petitioner's request to participate in a temporary work release program.
Charles Daniels, South Plymouth, appellant pro se.
Eliot Spitzer, Attorney General, Albany (Nancy A. Spiegel of counsel), for respondents.
Before: Cardona, P.J., Crew III, Carpinello, Mugglin and Kane, JJ., concur.
Petitioner commenced this CPLR article 78 proceeding challenging a December 2003 determination denying his request to participate in a temporary release program. Inasmuch as petitioner reapplied for the temporary release program and, in October 2005, again was denied participation, this appeal must be dismissed as moot ( see Matter of Fagairo v. Joy, 18 AD3d 926, 927, lv denied 5 NY3d 709; Matter of Wallman v. Joy, 301 AD2d 931).
Ordered that the appeal is dismissed, as moot, without costs.