Matter of Ronald Davidson v Robert Dennison

Matter of Davidson v Dennison 2005 NY Slip Op 08914 [23 AD3d 950] November 23, 2005 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 18, 2006

In the Matter of Ronald Davidson, Appellant, v Robert Dennison, as Chair of the Board of Parole, Respondent.

—[*1]Appeal from a judgment of the Supreme Court (Clemente, J.), entered December 15, 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. Accordingly, the instant appeal is now moot and must be dismissed (see Matter of Lenihan v Travis, 17 AD3d 740 [2005]). Furthermore, we are unpersuaded by petitioner's contention that this matter presents an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

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