Opinion
93772.
Decided and Entered: December 4, 2003.
Appeal from a judgment of the Supreme Court (Malone Jr., J.), entered February 24, 2003 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner's Freedom of Information Law request.
Chauncy Ramos, Warwick, appellant pro se.
Eliot Spitzer, Attorney General, Albany (Frank K. Walsh of counsel), for respondent.
Before: Peters, J.P., Mugglin, Rose, Lahtinen and Kane, JJ.
MEMORANDUM AND ORDER
Petitioner commenced this proceeding challenging respondent's refusal to disclose to him, under the Freedom of Information Law (see Public Officers Law art 6) (hereinafter FOIL), a letter sent by the sentencing court to the Board of Parole regarding petitioner. Supreme Court, finding that such letters are exempt from FOIL disclosure (see Matter of Ramahlo v. Bruno, 273 A.D.2d 521, lv denied 95 N.Y.2d 767), dismissed the petition. This appeal ensued. The Attorney General has advised this Court that, upon further review, it was determined that the letter was not exempt from disclosure under FOIL because its content was to clarify the disposition of charges against petitioner rather than a recommendation from the sentencing court regarding petitioner's parole. Inasmuch as petitioner has been mailed a copy of the letter at issue, the appeal must be dismissed as moot (see Matter of Covington v. Cirincione, 307 A.D.2d 554).
Peters, J.P., Mugglin, Rose, Lahtinen and Kane, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.