Opinion
93898.
Decided and Entered: February 5, 2004.
Appeal from a judgment of the Supreme Court (Mulvey, J.), entered April 3, 2003 in Chemung 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.
James Karo, Pine City, appellant pro se.
Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan of counsel), for respondent.
Before: Mercure, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Since the April 2001 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and has again been denied release. Accordingly, the matter is now moot and the appeal must be dismissed (see Matter of Boddie v. New York State Div. of Parole, 306 A.D.2d 661).
Mercure, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.