MATTER OF RUSSO v. NEW YORK STATE DIVISION OF PAROLE

511972.

89 A.D.3d 1305 (2011)

932 N.Y.S.2d 740

2011 NY Slip Op 8260

In the Matter of ANTHONY RUSSO, Appellant, v. NEW YORK STATE DIVISION OF PAROLE, Respondent.

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

Decided November 17, 2011.


Petitioner commenced this CPLR article 78 proceeding challenging a September 2009 determination of the Board of Parole denying his request for parole release. Petitioner, however, has reappeared before the Board and the appeal is now moot (see Matter of Davidson v Alexander, 67 A.D.3d 1219, 1219 [2009]; Matter of Bermudez v New York State Div. of Parole, 281 A.D.2d 673 [2001]). Accordingly...

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