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MATTER OF GILSINGER v. NEW YORK STATE DIVISION OF PAROLE

508709

76 A.D.3d 1130 (2010)

907 N.Y.S.2d 702

In the Matter of JOSEPH GILSINGER, Appellant, v. NEW YORK STATE DIVISION OF PAROLE et al., Respondents.

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

Decided September 23, 2010.

Petitioner commenced this CPLR article 78 proceeding challenging an October 2008 determination of the Board of Parole denying his request for merit parole release. While the proceeding was pending, he appeared before the Board in March 2009 at which time he was again denied parole release. In view of this, respondents moved to dismiss the petition as moot. Supreme Court granted the motion and this appeal ensued.

We affirm. By reappearing before the Board, petitioner...

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