Matter of Antonio Searles v Robert Dennison

Matter of Searles v Dennison 2005 NY Slip Op 09174 [24 AD3d 860] December 1, 2005 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 15, 2006

In the Matter of Antonio Searles, Appellant, v Robert Dennison, as Chair of the Board of Parole, Respondent.

—[*1]Appeal from a judgment of the Supreme Court (Feldstein, J.), entered May 24, 2005 in Franklin 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 September 2003 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release again has been denied. Given petitioner's subsequent reappearance before the Board in August 2005, the instant appeal is now moot and must be dismissed (see Matter of Marnell v New York State Div. of Parole, 20 AD3d 805 [2005]).

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