Durio v. New York State Division of Parole

Appeal from a judgment of the Supreme Court (Kavanagh, J.), entered March 27, 2003 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 September 2001 determination giving rise to this CPLR article 78 proceeding, petitioner has reappeared before the Board of Parole and his request for parole release has again been denied. Given petitioner’s subsequent appearance before the Board, the instant matter is now moot and the appeal must be…