Burr v. Chairperson, Appeals Unit, Division of Parole

— Appeal from a judgment of the Supreme Court (Melkonian, J.), entered February 2, 2012 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

Petitioner commenced this CPLR article 78 proceeding challenging a November 2009 determination of the Board of Parole that denied his request for discretionary parole release and ordered him held for an additional 24 months. While this proceeding was pending, petitioner reappeared before the Board in November 2011 and his request for parole was again denied. As a result, respondent…