Gilsinger v. New York State Division of Parole

Appeal from a judgment of the County Court of Albany County (McNamara, J.), entered January 6, 2010, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging an October 2008 determination of the Board of Parole denying his request for merit parole release. While the proceeding was pending, he appeared before the Board in March 2009 at which time he was again denied parole release. In view of this, respondents moved to dismiss the petition as moot. Supreme Court granted the motion…