Opinion
2012-12-6
In the Matter of Carlos ABREU, Appellant, v. STATE OF NEW YORK BOARD OF PAROLE, Respondent.
Carlos Abreu, Malone, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Frank K. Walsh of counsel), for respondent.
Carlos Abreu, Malone, appellant pro se. Eric T. Schneiderman, Attorney General, Albany (Frank K. Walsh of counsel), for respondent.
Appeal from a judgment of the Supreme Court (Elliott III, J.), entered May 15, 2012 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.
Petitioner commenced this CPLR article 78 proceeding challenging an October 2010 determination of respondent denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before respondent in July 2012 at which time his request for parole release was again denied. In view of this, the appeal must be dismissed as moot ( see Matter of Harris v. New York State Bd. of Parole, 91 A.D.3d 1010, 936 N.Y.S.2d 579 [2012];Matter of Russo v. New York State Div. of Parole, 89 A.D.3d 1305, 932 N.Y.S.2d 740 [2011] ). MERCURE, J.P., ROSE, KAVANAGH, STEIN and McCARTHY, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.