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MATTER OF KALWASINSKI v. NEW YORK STATE DIVISION OF PAROLE

36 A.D.3d 1200 (2007)

828 N.Y.S.2d 668

In the Matter of MITCHELL KALWASINSKI, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided January 25, 2007.

Petitioner commenced this CPLR article 78 proceeding challenging a February 2003 determination of the Board of Parole that denied his request for parole release and ordered him held for an additional 24 months. In March 2005, petitioner reappeared before the Board and his request for parole again was denied. Based upon petitioner's reappearance, respondent moved to dismiss the petition as moot. Supreme Court granted the motion and this appeal ensued.

Petitioner's...

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