Matter of Abreu v State of N.Y. Bd. of Parole

Matter of Matter of Abreu v State of N.Y. Bd. of Parole 2012 NY Slip Op 08392 Decided on December 6, 2012 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 6, 2012
514572

[*1]In the Matter of CARLOS ABREU, Appellant,

v

STATE OF NEW YORK BOARD OF PAROLE, Respondent.

Calendar Date: October 29, 2012
Before: Mercure, J.P., Rose, Kavanagh, Stein and McCarthy, JJ.


Carlos Abreu, Malone, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany
(Frank K. Walsh of counsel), for respondent.


MEMORANDUM AND ORDER

Appeal from a judgment of the Supreme Court (Elliott III, J.), entered May 15, 2012 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's request for parole release.

Petitioner commenced this CPLR article 78 proceeding challenging an October 2010 determination of respondent denying his request for parole release. The Attorney General has advised this Court that petitioner reappeared before respondent in July 2012 at which time his request for parole release was again denied. In view of this, the appeal must be dismissed as moot (see Matter of Harris v New York State Bd. of Parole, 91 AD3d 1010 [2012]; Matter of Russo v New York State Div. of Parole, 89 AD3d 1305 [2011]).

Mercure, J.P., Rose, Kavanagh, Stein and McCarthy, JJ., concur. [*2]

ORDERED that the appeal is dismissed, as moot, without costs.