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MATTER OF LEE v. NEW YORK STATE DIVISION OF PAROLE

15 A.D.3d 705 (2005)

788 N.Y.S.2d 627

In the Matter of CALVIN LEE, Appellant v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

February 3, 2005.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and again was denied parole release. Given petitioner's subsequent reappearance before the Board in September 2004, the instant matter is now moot and must be dismissed (see Matter of Rivera v Travis, 8 A.D.3d 716 [2004]).

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

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