Matter of Gerard Blasich v Robert Dennison

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Matter of Blasich v Dennison 2006 NY Slip Op 03948 [29 AD3d 1189] May 18, 2006 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, July 19, 2006

In the Matter of Gerard Blasich, Appellant, v Robert Dennison, as Chair of the Board of Parole, Respondent.

—[*1]Appeal from a judgment of the Supreme Court (Spargo, J.), entered July 15, 2005 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 March 2004 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 March 2006, 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]).

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