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MATTER OF COLON v. ANNUCCI

1068 CA 19-00008.

177 A.D.3d 1393 (2019)

110 N.Y.S.3d 621

2019 NY Slip Op 08320

In the Matter of Jose Colon, 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 November 15, 2019.

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

Memorandum: Petitioner commenced this CPLR article 78 proceeding challenging the denial of his application for release to parole supervision after a hearing in October 2017. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole in October 2019 and was again denied release. Consequently, this appeal must be dismissed...

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