MATTER OF SCHWARTZ v. DENNISON


40 A.D.3d 218 (2007)

833 N.Y.S.2d 386

In the Matter of JERROLD SCHWARTZ, Respondent, v. ROBERT DENNISON, as Chairman of the New York State Board of Parole, Appellant.

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

Decided May 1, 2007.


The instant appeal is moot and must be dismissed, since petitioner has reappeared before the Board of Parole and his request for release on parole has again been denied (Matter of Smith v Donohue, 243 A.D.2d 797 [1997]; Matter of Bates v Russi, 212 A.D.2d 602 [1995], lv denied 85 N.Y.2d 811 [1995]). Were we to consider the merits of this appeal, we would find that venue was improperly...

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