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MATTER OF BROOKS v. NEW YORK STATE BOARD OF PAROLE

288 A.D.2d 782 (2001)

732 N.Y.S.2d 911

In the Matter of BENJAMIN BROOKS, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 29, 2001.

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 appeal is now moot and must be dismissed (see, Matter of Bermudez v New York State Div. of Parole, 281 A.D.2d 673). Were we to reach the merits of the petition, we would find that respondent...

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