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MATTER OF FOSTER v. TRAVIS

306 A.D.2d 583 (2003)

759 N.Y.S.2d 701

In the Matter of ANTHONY FOSTER, Appellant, v. BRION D. TRAVIS, as Chair of the New York State Division of Parole, Respondent.

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

Decided June 5, 2003.

Petitioner has reappeared before the Board of Parole 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 the Board, the instant matter is now moot and must be dismissed (see Matter of Davis v Keane, 290 A.D.2d 763 [2002]).

Ordered that the appeal is dismissed, as moot,...

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