Le Grand v. Travis

Full title: IN THE MATTER OF DEVERNON LE GRAND, Appellant, v. BRION D. TRAVIS, as…

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

Date published: Oct 30, 2003

309 A.D.2d 1091 (N.Y. App. Div. 2003)

766 N.Y.S.2d 402

Opinion

92403

Decided and Entered: October 30, 2003.

Appeal from a judgment of the Supreme Court (Spargo, J.), entered July 26, 2002 in Ulster County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.

Devernon Le Grand, Wallkill, appellant pro se.

Eliot Spitzer, Attorney General, Albany (William E. Storrs of counsel), for respondent.

Before: Cardona, P.J., Crew III, Carpinello, Rose and, Lahtinen, JJ.

MEMORANDUM AND ORDER

Rose, J.

Since the February 2001 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and has again been denied release. Consequently, the matter is now rendered moot and the appeal must be dismissed (see Matter of Boddie v. New York State Div. of Parole, 306 A.D.2d 661; Matter of Parker v. Executive Dept. Div. of Parole, 298 A.D.2d 782).

Cardona, P.J., Crew III, Carpinello and Lahtinen, JJ., concur.

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