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IN THE MATTER OF AYALA v. NEW YORK STATE BD. OF PAROLE

17 A.D.3d 946 (2005)

792 N.Y.S.2d 922

In the Matter of NORMAN AYALA, Appellant, v. NEW YORK STATE BOARD OF PAROLE, Respondent.

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

April 28, 2005.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before respondent and again was denied parole release. Given petitioner's subsequent reappearance before respondent on October 13, 2004, the instant matter is now moot and must be dismissed (see Matter of Lorenzo v Travis, 11 A.D.3d 833 [2004]).

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

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