Opinion
92394
Calendar Date: May 14, 2003.
June 12, 2003.
Appeal from a judgment of the Supreme Court (Malone Jr., J.), entered August 27, 2002 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.
Terence Boddie, New York City, appellant pro se.
Eliot Spitzer, Attorney General, Albany (Marlene O. Tuczinski of counsel), for respondent.
Before: Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Petitioner has reappeared before the Board of Parole since the parole release determination giving rise to this proceeding 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 must be dismissed (see Matter of Davis v. Keane, 290 A.D.2d 763, 763).
Cardona, P.J., Mercure, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.