Matter of Miguel Tapia v New York State Board of Parole

Matter of Tapia v New York State Bd. of Parole 2005 NY Slip Op 00047 [14 AD3d 751] January 6, 2005 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 16, 2005

In the Matter of Miguel Tapia, Appellant, v New York State Board of Parole, Respondent.

—[*1]Appeal from a judgment of the Supreme Court (Clemente, J.), entered March 18, 2004 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.

Since the determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and again was denied parole release. Given petitioner's subsequent appearance before the Board in August 2004, the instant matter is now moot and must be dismissed (see Matter of Baez v Travis, 10 AD3d 778 [2004]).

Crew III, J.P., Peters, Spain, Carpinello and Mugglin, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.