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MATTER OF BETHEA v. ANNUCCI

645 CA 16-00228.

151 A.D.3d 1674 (2017)

2017 NY Slip Op 04634

53 N.Y.S.3d 867

In the Matter of MICHAEL BETHEA, Appellant, v. ANTHONY ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

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

Decided June 9, 2017.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Petitioner appeals from a judgment dismissing his petition pursuant to CPLR article 78 seeking to annul the determination of the Parole Board denying him parole release. We conclude that "`[t]his appeal must be dismissed as moot because the determination expired during the pendency of this appeal, and the Parole Board denied petitioner...

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