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MATTER OF TORRES v. STATE

15 A.D.3d 742 (2005)

788 N.Y.S.2d 869

In the Matter of JOSE N. TORRES, Appellant, v. STATE OF NEW YORK, EXECUTIVE DEPARTMENT DIVISION OF PAROLE, Respondent.

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

February 10, 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 August 2004, the instant matter is now moot (see Matter of Rivera v Travis, 8 A.D.3d 716 [2004]). Because some delay in bringing this matter to court is attributable to petitioner, we decline to apply the exception...

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