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MATTER OF McCANTS v. TRAVIS

14 A.D.3d 968 (2005)

788 N.Y.S.2d 625

In the Matter of CLARENCE McCANTS, Appellant v. BRION D. TRAVIS, as Chair of the New York State Board of Parole Services, Respondent.

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

January 27, 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 December 2004, the instant matter is now moot and must be dismissed (see Matter of Benitez v New York State Div. of Parole, 10 A.D.3d 743 [2004]).

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

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