Matter of Thomas v Travis
2004 NY Slip Op 01445 [5 AD3d 841]
March 4, 2004
Appellate Division, Third Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


In the Matter of Michael Thomas, Petitioner,
v
Brion D. Travis, as Chair of the New York State Division of Parole, Respondent.

—Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of the Board of Parole which revoked petitioner's parole.

The Attorney General has advised this Court that, by decision dated January 7, 2004, the Board of Parole vacated the revocation of petitioner's parole status which gave rise to this proceeding and ordered his rerelease to parole supervision. As noted by the Attorney General, petitioner's release is imminent, and will occur as soon as the necessary administrative procedures, which are underway, are completed. Inasmuch as petitioner has received all the relief to which he is entitled, the matter is dismissed as moot (see Matter of Concepcion v New York State Bd. of Parole, 304 AD2d 878 [2003]; People ex rel. Graham v New York State Dept. of Corrections, 280 AD2d 768 [2001]).

Mercure, J.P., Spain, Carpinello, Mugglin and Kane, JJ., concur. Adjudged that the appeal is dismissed, as moot, without costs.