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IN THE MATTER OF SHELL v. NEW YORK STATE DEPARTMENT OF CORRECTIONS TEMPORARY RELEASE PROGRAM

26 A.D.3d 537 (2006)

807 N.Y.S.2d 742

In the Matter of HAROLD J. SHELL, JR., Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONS TEMPORARY RELEASE PROGRAM, Respondent.

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

February 2, 2006.

Petitioner commenced this CPLR article 78 proceeding challenging the February 2004 denial of his application for participation in a temporary work release program. The Attorney General has advised this Court that petitioner has since been released on parole. Inasmuch as petitioner is no longer incarcerated and can no longer be affected by the determination denying his temporary work release application, this appeal must be dismissed as moot (see Matter of Muhammad v. Recore...

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