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IN THE MATTER OF DANIELS v. GOORD

27 A.D.3d 790 (2006)

809 N.Y.S.2d 475

In the Matter of CHARLES DANIELS, Appellant, v. GLENN S. GOORD, as Commissioner of Correctional Services, et al., Respondents.

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

March 2, 2006.

Petitioner commenced this CPLR article 78 proceeding challenging a December 2003 determination denying his request to participate in a temporary release program. Inasmuch as petitioner reapplied for the temporary release program and, in October 2005, again was denied participation, this appeal must be dismissed as moot (see Matter of Fagairo v Joy, 18 A.D.3d 926, 927 [2005], lv denied 5 N.Y.3d 709

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