Mendoza v. N.Y. State Bd. of Parole

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

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

Date published: Jan 3, 2002

290 A.D.2d 611 (N.Y. App. Div. 2002)

737 N.Y.S.2d 885

Opinion

89733

January 3, 2002.

Appeal from a judgment of the Supreme Court (Ceresia Jr., J.), entered November 13, 2000 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.

Ivan Mendoza, Collins, appellant pro se.

Eliot Spitzer, Attorney-General (Frank Brady of counsel), Albany, for respondent.

Before: Crew III, J.P., Peters, Carpinello, Mugglin and, Lahtinen, JJ.

MEMORANDUM AND ORDER

Petitioner has reappeared before respondent since the parole release determination giving rise to this proceeding and his request for parole release has again been denied. Given petitioner's subsequent appearance before respondent, the instant matter is now moot and this appeal must be dismissed (see, Matter of Bermudez v. New York State Div. of Parole, 281 A.D.2d 673).

Crew III, J.P., Peters, Carpinello, Mugglin and Lahtinen, JJ., concur.

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