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MATTER OF WILLIAMS v. ANNUCCI

177 CA 20-00781.

196 A.D.3d 1123 (2021)

147 N.Y.S.3d 911

2021 NY Slip Op 04431

In the Matter of Albert Williams, 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 July 16, 2021.

Attorney(s) appearing for the Case

WYOMING COUNTY-ATTICA LEGAL AID BUREAU, WARSAW ( ADAM W. KOCH OF COUNSEL), FOR PETITIONER-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( FREDERICK A. BRODIE OF COUNSEL), FOR RESPONDENT-RESPONDENT.

Present—Whalen, P.J., Carni, NeMoyer, Curran and Winslow, JJ.

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 September 2018. The Attorney General has advised this Court that, subsequent to that denial, petitioner reappeared before the Board of Parole in September 2020 and was again denied release. Consequently, this appeal must be dismissed...

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