Opinion
162
Decided December 20, 2001.
Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered February 8, 2001, which granted a motion by respondents to dismiss, as moot, an appeal from an order of the Supreme Court (John G. Connor, J.), entered in Albany County in a proceeding pursuant to CPLR article 78, upon reargument, dismissing a petition seeking review of a determination denying petitioner early parole release.
In March 1997, the Parole Board denied petitioner prisoner's request for early parole release. An appeal panel affirmed this determination. In 1998, Supreme Court dismissed the petitioner's CPLR article 78 proceeding seeking review of the determination. In February 1999, petitioner appealed to the Appellate Division. While the appeal was pending, petitioner reappeared before the Parole Board and was denied early parole release again. The Appellate Division granted respondents' motion to dismiss the appeal as moot.
Robert N. Isseks, Middletown, for appellant.
Eliot Spitzer, Attorney General, Albany (Patrick Barnett-Mulligan, Daniel Smirlock and Peter G. Crary of counsel), for respondents.
Alfred O'Connor and Jonathan E. Gradess, Albany, for New York State Defenders Association, amicus curiae.
Chief Judge Kaye and Judges Smith, Levine, Ciparick, Wesley, Rosenblatt concur.
Order affirmed, without costs. The Appellate Division correctly determined that the instant proceeding was moot.