Russo v. New York State Division of Parole
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Petitioner commenced this CPLR article 78 proceeding challenging a September 2009 determination of the Board of Parole denying his request for parole release. Petitioner, however, has reappeared before the Board and the appeal is now moot (see Matter of Davidson v Alexander, 67 AD3d 1219, 1219 [2009]; Matter of Bermudez v New York State Div. of Parole, 281 AD2d 673 [2001]). Accordingly, it must be dismissed.
Rose, J.E, Kavanagh, Stein, McCarthy and Egan Jr., JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.
2Cases cited2 opinions
- Bermudez v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 2001
- Davidson v. AlexanderAppellate Division of the Supreme Court of the State of New York · 2009
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- Bonez v. StateAppellate Division of the Supreme Court of the State of New York · 2012
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